Allahabad High Court
Pramod Shankar Upadhyay And Another vs State Of U.P. And 4 Others on 2 December, 2022
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - A No. - 15398 of 2022 Petitioner :- Pramod Shankar Upadhyay And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
Present petition has been filed with the following prayers:
"(a) a writ, order or direction of a suitable nature commanding the respondents to sanction second promotional pay scale and the third financial upgradation to petitioner nos.1 and 2 w.e.f. 10.2.2006/8.4.2006 and 1.12.2008 respectively, within a period to be specified by this Hon'ble court;
(b) a writ, order or direction of a suitable nature commanding the respondents to disburse all arrears of salary arising on account of such re-fixation to the petitioners, within a period to be specified by this Hon'ble court;
(c) a writ, order or direction of a suitable nature commanding the respondents to re-fix the retiral benefits of the petitioners including Pension on the basis of the re-fixation of their salary under prayer (a) abye, and also to disburse all arrears of retiral benefits and Pension so arising, within a period to be specified by this Hon'ble court;
(d) a writ, order or direction of a suitable nature commanding the respondents to disburse to the petitioners their regular monthly Pension regularly every month;
....."
Contention of learned counsel for the petitioners is that persons similarly situated have been granted the benefit of ACP and even the persons junior to the petitioners have been granted the benefit which has been denied to the petitioners without any rhyme or reason. The petitioners have moved a representation, however, no decision has been taken thereupon.
Considering the issue raised in the petition, the present petition is disposed off permitting the petitioners to file fresh representation before respondent no.1 who shall consider and decide the same in accordance with law with all expedition, preferably within three months.
The petitioners would be at liberty to raise all the grounds in the representation.
Order Date :- 2.12.2022 nishant