Allahabad High Court
Sushil Kumar And 3 Others vs State Of U.P. And 3 Others on 28 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - A No. - 18145 of 2022 Petitioner :- Sushil Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Dubey,Krishna Kant Dubey Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
The writ petition is filed with the following prayers:-
"(i) Issue a writ, order or direction, in the nature of certiorari to quash the order dated 16.09.2022 passed by respondent no. 4.
(ii) Issue a writ, order or direction, in the nature of Mandamus directing the respondents to grant sanction upgrading the petitioners grade pay from Rs. 1800/- to Rs. 1900/- w.e.f. 16.11.2011 when the Mates of P.W.D. and other departments were extended the benefits of grade pay Rs. 1900/-.
(iii) Issue writ, order or direction in the nature of mandamus directing the respondents to pay the arrears of upgraded grade pay since 16.11.2011 with interest till date of its actual payment and revise their pay/pension accordingly."
It is submitted by learned counsel for the petitioners that the claim with regard to up-gradation of grade pay from Rs. 1800/- to Rs. 1900/- with effect from 16.11.2011 when the Mates of PWD were extended the benefits of grade pay of Rs. 1900/- has been denied by the respondents. He submits that the aforesaid issue is covered by the judgment of this Court in Writ-A No. 20277 of 2019 (Sushil Kumar Gautam and 16 others Vs. State of U.P. and 2 others, decided on 2.8.2021) where the similarly situated persons have already been extended the benefits. The relevant portion of the aforesaid judgment dated 2.8.2021 is quoted hereunder:-
"27. For the reasons given above, the writ petition is allowed and a writ of mandamus is issued commanding respondents no.1 & 2 to extend the benefit of grade pay of Rs.1900/- to the petitioners w.e.f. 16.11.2011 when such benefit has been extended to Mate of PWD. It is further directed to the respondents to fix the pay of petitioners on the basis of grade pay of Rs.1900/- and also calculate arrears of salary w.e.f. 16.11.2011 and pay the same to the petitioners within three months from the date of production of the copy of this order before them."
Learned Standing Counsel for the respondent-State submits that the present controversy is covered by the aforesaid judgment of this Court in Sushil Kumar Gautam (supra) and he has no objection that the impugned order may be set aside.
Considering the submissions of learned counsel for the parties and in view of the judgment of this Court in Sushil Kumar Gautam (supra), the impugned order dated 16.09.2022 is set aside and the present writ petition is disposed of in terms of the judgment of this Court in Writ-A No. 20277 of 2019 (Sushil Kumar Gautam and 16 others Vs. State of U.P. and 2 others, decided on 2.8.2021) and similar benefits be extended to the petitioners in terms of the aforesaid judgment.
Order Date :- 28.11.2022 VMA