WPSS/2406/2022
2022 Latest Caselaw 4087 UK

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                                  WPSS No. 2406 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Saurabh Kumar Pandey, Advocate for the petitioners.

Mr. Devesh Ghildiyal, Brief Holder for the State of Uttarakhand / respondent no. 1.

Mr. T.A. Khan, Senior Advocate, assisted by Ms. Sadaf, Advocate, holding brief of Mr. Vinay Bhatt, Advocate for respondent nos. 2 & 3.

Heard learned counsel for the parties.

Petitioners were employees of the Kisan Sahkari Chini Mills Ltd., Sitarganj, District Udham Singh Nagar, who retired on or before 31.12.2018. According to them, they were entitled to certain benefits, including revised pay, in terms of recommendation of 7th Pay Commission, which was implemented w.e.f. 01.01.2016.

In this writ petition, petitioners are claiming benefit of pay revision w.e.f. 01.01.2016.

By means of this writ petition, petitioners have sought the following relief:-

"a) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents to pay the arrears of difference in pay for the period from 1.1.2016 to the date of retirement of petitioners, subsequent to the grant of benefit of 7th Pay Commission to the employees of Centralized services of the Sugar Mills of Cooperative as well as public sector."

Learned counsel for petitioners has drawn attention of this Court to a judgment rendered by Division Bench of

of 2022, 'Dr. Rajiv Kumar v. State of Uttarakhand & others' and he submits that similar controversy was decided by Division Bench in the said case.

Mr. T.A. Khan, learned Senior Counsel does not dispute the said submission, however, he submits that the Sugar Mill do not have adequate resources to pay the benefit of pay revision to all its employees. He further submits that the Sugar Mill was closed in the year 2017, and now it is being run under Public Private Partnership (PPP) mode.

Since the issue stands decided by Division Bench, therefore, present writ petition is also decided in terms of the judgment dated 10.11.2022 rendered by Division Bench in Writ Petition (S/B) No. 615 of 2022. Respondent nos. 2 & 3 are directed to pay the admissible dues of petitioners in terms of Government Order dated 28.12.2016, within nine months.

(Manoj Kumar Tiwari, J.) 20.12.2022 Navin