Deepa Kumari And 3 Others vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Deepa Kumari And 3 Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 25 March, 2025

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:17146
 
Court No. - 18
 

 
Case :- WRIT - A No. - 3249 of 2025
 

 
Petitioner :- Deepa Kumari And 3 Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical And Health Lko. And 2 Others
 
Counsel for Petitioner :- Sanjay Misra,Mrs. Anju Raghuvansh,Pratyush Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Karunesh Singh Pawar,J.
 

Heard learned counsel for the petitioners and Shri Uttam Kumar, learned Additional Chief Standing Counsel for the State.

By this petition, the petitioners seek a writ of mandamus directing the opposite party to grant them a grade pay of Rs. 2,800/-, which is already being provided to similarly situated persons appointed on or before 01.12.2011, disregarding the Government Order dated 19.12.2011.

Learned counsel for the petitioners submits that in the identical circumstances, Writ Petition No. 20255 of 2021, Kamal Deep Nirala and Another vs. State of U.P. and Another, was allowed vide judgment and order dated 04.07.2023. It is further submitted that the petitioners' cases are squarely covered by the said judgment. It is further submitted that against the order dated 04.07.2023, the State filed a Civil Misc. Review Application (Defective) No. 283 of 2023, which was dismissed vide order dated 01.08.2024. The State further filed a Special Appeal against that order, which is still pending, however, no interim relief has been granted in the said appeal.

Learned counsel for the petitioners further contends that the petitioners should be granted the same relief as was extended to the petitioners of Writ Petition No. 20255 of 2021.

Learned Additional Chief Standing Counsel does not dispute the facts stated by the petitioners' counsel, but, submits that a Special Appeal is pending. However, he concedes that no interim order has been passed in the said appeal.

Considering the above facts and the order dated 04.07.2023 passed in Writ Petition No. 20255 of 2021, Kamal Deep Nirala and Another vs. State of U.P. and Another, this writ petition is allowed. The respondents are directed to grant the petitioners the grade pay of Rs. 2,800/-, as is being provided to similarly situated persons. The arrears shall also be paid to the petitioners within four months from today.

The petitioners are directed to provide a copy of this order along with the copy of the judgment and order dated 04.07.2023 passed in the case of Kamal Deep Nirala (supra).

Order Date :- 25.3.2025

Madhu D.R/P.S