WPSS/519/2023
2023 Latest Caselaw 908 UK

                Office Notes,
             reports, orders or
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      Date                                         COURT'S OR JUDGES'S ORDERS
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                                  WPSS No. 519 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Vikas Kumar Guglani, Advocate for petitioner.

Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand/respondent no. 1.

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

Heard learned counsel for the parties. Petitioner is serving as Manufacturing Chemist in Kisan Sahkari Chini Mills Ltd. Bazpur, Udham Singh Nagar, since 2015. According to him, pay scale of employees of the Mill was revised in terms of recommendation of 7th Pay Commission w.e.f. 01.01.2016, however actual benefit of pay revision was given to petitioner w.e.f. 01.09.2021. Thus, feeling aggrieved, petitioner has approached this Court, seeking following relief:-

"(i) Issue a writ, order a direction in the nature of mandamus directing the respondent nos. 1 to 3 to pay the arrears of difference in pay for the period from 01.01.2016 to 01/09/2021, to the petitioner subsequent to the grant of benefits of 7th Pay Commission to the employees of the Centralized Services of the Sugar Mills of Co- operative as well as Public Sector."

Learned counsel for petitioner has relied upon a judgment rendered by Division Bench of this Court in Writ Petition (S/B) No. 257 of 2022. The operative portion of the said judgment is reproduced below:-

"Inability to make payment cannot be cited by the said respondents as a reason for non-payment of the petitioner's admitted dues, since the respondents are State instrumentalities.

We, therefore, dispose of this writ petition with a direction to the respondents to make payment of arrears of pay due to the petitioner positively within three months from today."

Thus, he submits that since the matter is covered by said judgment, therefore, present writ petition be also decided in terms of the aforesaid judgment.

Mr. T.A. Khan, learned senior counsel appearing for respondent nos. 2 & 3 fairly submits that the question involved in the present writ petition has been decided by Division Bench in the aforesaid judgment.

In such view of the matter, writ petition is decided in terms of judgment dated 04.07.2022 rendered by Division Bench of this Court in Writ Petition (S/B) No. 257 of 2022. Respondents are directed to pay the arrears of pay revision to petitioner, within six months from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) 01.04.2023 Navin