Allahabad High Court
State Of U.P.Throu. Its Prin. Secy. ... vs Mohammad Saleem And Ors. on 18 December, 2019
Bench: Shabihul Hasnain, Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Review petition No.117997 of 2017- against judgment and order dated 2.3.2017. Mohd. Saleem and 9 others..........review applicants/petitioners In Re; Case :- SPECIAL APPEAL DEFECTIVE No. - 553 of 2010 Appellant :- State Of U.P.Throu. Its Prin. Secy. Social Welfare 6798(S/S) Respondent :- Mohammad Saleem And Ors. Counsel for Appellant :- C.S.C. Counsel for Respondent :- Arvind Kumar Sinha Hon'ble Shabihul Hasnain,J.
Hon'ble Mrs. Rekha Dikshit,J.
Heard Dr. L. P. Misra, learned counsel for the review-applicants as well as learned Standing counsel, who has obtained written instructions from the Director, Samaj Kalyan, Uttar Pradesh vide his letter dated December 17, 2019, which is taken on record.
Specific query was put to the Standing counsel to seek instructions whether other similarly situated persons have been given the benefit of being paid regular pay from the date of their initial appointment or not.
We find in para 7 of the instructions that State Government has given benefit of the payment of salary to the similarly situated persons and only the review applicants/private respondents in the special appeal are not being given this benefit. They are being discriminated. Learned Standing counsel has submitted that there is no discrimination, only because of pendency of the special appeal, the benefit was not given to the review-applicants.
Dr. L. P. Misra has forcefully argued that in view of the statement of the Standing counsel and the written instructions, the benefit should be given to the review applicants/private respondents in the special appeal.
This argument carries weight. It is, therefore, provided that the benefits of judgment and order dated 27.09.2002 passed by U.P. State Public Services Tribunal, Lucknow in Claim Petition No.1167/1996 (KUndan Singh Yadav Versus State of U.P. and others), against which Writ Petition No.1394 (S/S) of 2005 filed by State of U.P. which was dismissed by a Division Bench of this Hon'ble Court vide judgment and order dated 17.11.2014, and various writ petitions such as writ petition No.s 4036 (S/S) of 2015, 50312 (S/S) of 2008 and writ petition No.52803 (S/S) of 1999 etc. be made available to these review petitioners/private respondents in the Special Appeal. Accordingly, they also be given regular scale of pay from the date of their initial appointment with consequential service benefits.
The review-application is, thus, partly allowed.
Order Date :- 18.12.2019 RKM.