WPSS/1722/2023
2023 Latest Caselaw 3149 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
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                                  WPSS No. 1722 of 2023
                                  Hon'ble Pankaj Purohit, J.

Mr. Vikas Kumar Guglani, learned counsel for the petitioner.

2. Mr. Narayan Dutt, learned Standing Counsel for the State.

3. Mr. T.A. Khan, learned Senior counsel assisted by Mr. Vinay Bhatt, learned counsel for respondent nos.2 and 3.

4. Petitioner is serving as Manufacturing Chemist in Kisan Sahkari Chini Mill, Sitarganj, Udham Singh Nagar since 2003. According to him, benefit of 7th Pay Commission has not been given to him from the due date. In this writ petition, petitioner has sought the following relief:-

"a) Issue a writ order or 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 14.08.2020, to the petitioner subsequent to the grant of benefits of 7th Pay Commission to the employees of Centralized services of the Sugar Mills of Co- operative as well as Public Sector."

5. Learned counsel for the petitioner has placed reliance on a judgment passed by Division Bench of this Court in WPSB No.257 of 2022. Thus he submits that present writ petition may also be decided in terms of the said judgment.

6. Learned counsel appearing for respondent nos.2 and 3 concedes that the controversy involved in the present writ petition is squarely covered by the aforesaid judgment, however, he submits that due to precarious financial condition

of the sugar mill, some more time may be given to respondents to pay the arrears due to petitioner.

7. Accordingly, writ petition is disposed- off with a direction to respondents to pay the arrears, due to petitioner for the period 01.01.2016 to 14.08.2020, within nine months from today. In case, arrears are not paid within stipulated time, the same shall carry interest at the rate of six per cent per annum.

(Pankaj Purohit, J.) 13.10.2023 PN