Allahabad High Court
Vijay Kumar Pandey And Ors. vs State Of U.P.Thru.Secy. Nagar Vikas ... on 25 May, 2023
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:37481 Court No. - 17 Case :- WRIT - A No. - 7172 of 2021 Petitioner :- Vijay Kumar Pandey And Ors. Respondent :- State Of U.P.Thru.Secy. Nagar Vikas Vibhag And Ors. Counsel for Petitioner :- Mohd. Ali,Ankit Mishra,Prabhakar Tiwari Counsel for Respondent :- C.S.C.,Lalla Ji Maurya Hon'ble Pankaj Bhatia,J.
1. The present petition has been filed with the following prayers:
"(i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to provide monthly salary together with the arrear of salary to the petitioners, pending due since October, 2020, by directing the State of U.P., the opposite party No.1 and the Director, Local Bodies, U.P., Lucknow, the opposite party No.2 to make available sufficient needed fund under the State Finance Commission Grant to the Nagar Palika Parishad, Misrikh, District Sitapur, the opposite party No.5 enabling the petitioners to get payment of their monthly salary as well as the arrear of their pending salary smoothly. The subscription towards the provident fund, L.I.C. and New Pension Scheme be also directed to be deposited in the concerned heads after deducting the same from the salary of the petitioners;
(ii) to issue a writ, order or direction in the nature of Mandamus commanding the State of U.P., the opposite party No.1 and the Director, Local Bodies, U.P., Lucknow, the opposite party No.2 in alternate till attaining normality in allocation of sufficient State Finance Commission Grant by the State of U.P. to the Nagar Palika, Misrikh, to allow the petitioners the payment of monthly salary along with the arrears of their pending salary fallen due with effect from October, 2020, from the 14th Finance Commission (Central Finance Commission) Grant, which is available with the Nagar Palika, Misrikh, District Sitapur;
(iii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to make payment of the monthly salary along with arrear fallen due with effect from October, 2020, together with the interest @ 12% per annum since October, 2020, till the actual payment is received to the petitioners;
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2. Considering the fact that the issue similar to the one raises in the present writ present was decided by this Court in the case of Anoop Kumar and others vs State of U.P. and others; Writ-A No.263 of 2022, decided on 19.04.2022.
3. Following the said judgment, the present petition is also disposed off.
4. The direction given in the case of Anoop Kumar (Supra) shall be applied to the present petitioners also.
5. The respondents shall pay the salary to the petitioner on month to month basis, if he is entitled.
6. The arrears shall be paid to the petitioner within a period of three months from the date of production of certified copy of this order.
7. Vakalatnama filed by Sri Surjeet Singh, learned Advocate on behalf of the respondents no.4 and 5 is taken on record.
Order Date :- 25.5.2023 akverma