Allahabad High Court
State Of U.P. Thru. Secy. Medical Health ... vs Bijendra Singh on 4 November, 2019
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 503 of 2019 Appellant :- State Of U.P. Thru. Secy. Medical Health & Others Respondent :- Bijendra Singh Counsel for Appellant :- C.S.C. Counsel for Respondent :- V.K. Dubey Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Heard Sri Anand Kumar Singh, learned Standing Standing Counsel for the appellants-State and Sri V.K. Dubey, learned counsel for the respondent.
This intra court appeal is barred by 211 days.
On due consideration, since reasons assigned in the affidavit filed in support of application for condonation of delay in filing the instant appeal (C.M.Application No. 126678 of 2019) are satisfactory, therefore, we condone the delay in filing the instant appeal and allow C.M.Application No. 126678 of 2019.
This special appeal has been filed against the judgment and order dated 28.2.2019 passed in Writ Petition No.4228 (S/S) of 2019 : Bijendra Singh Vs. State of U.P. and others, whereby the learned Writ Court, on considering the submissions of the learned counsel for the petitioner that the writ petitioners are also liable to be entitled for Rs.1350-2200/- like Khushnoor Khan and others as well as other employees in view of the fact that the order dated 8.10.1999 passed by the learned Tribunal has attained finality and writ petition No. 3 of 2006 (S/B) was dismissed by the Division Bench vide judgment and order dated 6.4.2017, allowed the writ petition, quashed the impugned orders and directed the appellants to grant the pay-scale of Rs.1350-2200/- to the writ petitioner as has been given to the other employees of the Medial Health Department with effect from his posting/appointment 21.4.1997 on the post of Electrician-cum-Generator Operator, along with all consequential benefits.
Brief fact of the case is that the respondent-writ petitioner was selected and appointed on the post of Electrician-cum-Generator Operator on 26.05.1987 under the Director General, Medical & Health Services, Lucknow, Uttar Pradesh on regular basis. Upon abolition of Rajya Parivahan Tatha Sachal Unit running under the Parivahan Sangthan in the medical department, its employees were declared surplus and therefore, were absorbed on the post of Electrician-cum-Generator Operator in the cadre of the writ petitioners and after absorption, they were allowed pay scale of Rs.1350-2200/-, however, the respondent-writ petitioner has been deprived of this benefit although he is working on the same post of Electrician / Generator Operator but he is being paid pay scale of Rs.950-1100.
The learned Writ Court, after appreciating the submissions of the learned counsel for the parties, opined that vide judgment and order dated 08.10.1999 passed in Claim Petition No.112 of 1998 : Khusnoor Khan and others Vs. State of U.P. and others, learned tribunal allowed the claim petition and directed the State to take decision within six months for grant of same benefit of the pay scale to Khusnoor Khan others from the date of giving benefit to one S.K. Singh. The said judgment was upheld in Writ Petition No.1701 (S/B) of 2000 by the Division Bench vide judgment and order 19.04.2016. The State, feeling aggrieved by the judgment and order dated 19.04.2016, filed special leave to appeal (C) No.7563 of 2017, which was also dismissed. Thereafter, Writ Petition No.3 (S/B) of 2006 was filed by the State of U.P. and others in the matter of Mohd. Husain and others, whereby the Division Bench relying on the judgment dated 19.04.2016 passed in the matter of Khusnoor Khan and others (Supra) dismissed the writ petition filed by the State by holding that the claimants and the respondents cannot be treated differently so also the fact that the respondents and Khusnoor Khan and others are similarly situated persons. In these backgrounds, the learned Writ Court by the impugned order allowed the writ petition.
Considering the aforesaid, it is apparent that the case of the respondent/writ petitioner is similar to the case of Khusnoor Khan and others (Supra) and Writ Petition No.3 (S/B) of 2006. The order passed in the aforesaid matter has travelled upto the Apex Court and therefore, is binding on the State Government, therefore, the Writ Court has rightly allowed the writ petition by means of the impugned order.
With the aforesaid, no case is made out to take a different view in the matter.
This intra Court appeal filed by the State- appellants has no force and is, accordingly, dismissed.
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(Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.) Order Date :- 4.11.2019 Ajit/-