Allahabad High Court
Ram Aasrey Tiwari vs State Of U.P. And 2 Others on 5 May, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:71467 Court No. - 7 Case :- WRIT - A No. - 5285 of 2021 Petitioner :- Ram Aasrey Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandrakesh Rai Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
2. The present writ petition has been filed with the following prayers :-
"(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned portion of the order dated 20.10.2020 passed by the respondent No. 1 (Annexure-1 to the writ petition) except so far as it gives parity of pay scale of Rs. 5000-8000/- to the petitioner since 16.9.2004 in place of giving the same since the date of merger i.e. 1989.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondent-authorities to provide same and equal pay scale of Rs. 5,000/- to Rs. 8000/- to the petitioner as is being provided to his counter-part Instructors working in I.T.I. in view of order passed by this Hon'ble Court dated 12.12.2018 as affirmed by Hon'ble Division Bench by order dated 2.8.2019 (Annexure-8 and 9 to the writ petition).
(c) Issue a writ, order or direction in the nature of mandamus directing the respondent-authorities to pay difference/arrears of salary to the petitioner in the pay scale of Rs. 5,000/- to Rs. 8,000/- from the date of passing of the order passed by this Hon'ble Court dated 12.12.2018 as affirmed by Hon'ble Division Bench by order dated 2.8.2019 (Annexure-8 and 9 to the writ petition).
(d) Issue a writ, order or direction in the nature of mandamus directing the respondent-authorities to provide similar and equal pay scale of Rs. 5,000/- to Rs. 8,000/- to the petitioner as is being provided to counter-part instructors of the petitioner working in I.T.I. since the date of merger in the year 1989.
(e) Issue a writ, order or direction in the nature of mandamus directing the respondent-authorities to pay pension of the petitioner on the basis of pay scale of Rs. 5,000/- to Rs. 8,000/- alongwith other service consequential benefits.
(f) Issue a writ, order or direction in the nature of mandamus directing the respondent-authorities to pay to arrears/difference of salary of the petitioner since 1989 when the G.I.T.I. was merged in I.T.I. in the pay scale of Rs. 5000/- to 8000/- which was being paid to the Instructors working in the I.T.I."
3. Learned counsel for the petitioner submits that petitioner was appointed as Instructor in upholstery trade in the Government Industrial Training Institute and his cadre was merged with the Industrial Training Institute (I.T.I.), however, he was not getting salary in the pay scale of Rs. 5000-8000/- equal to the similarly placed persons of I.T.I. Learned counsel for the petitioner further submits that present dispute is covered by the judgment of this Court passed in Writ-A No. 5163 of 2003 (Mohd. Ramjan & Another Vs. State of U.P. and others), decided on 12.12.2018.
4. Learned Standing Counsel for the respondent-State does not dispute the aforesaid fact and judgment of this Court.
5. In view the aforesaid, the impugned order dated 20.10.2020 passed by respondent no. 1 in so far as it gives parity of pay scale of Rs. 5000-8000/- to the petitioner since 16.9.2004 in place of giving the same since the date of merger i.e. 1989 is hereby set aside. Respondent authorities are directed to treat the petitioner's parity of pay scale from the date of merger i.e. 1989.
6. Accordingly, the writ petition is allowed.
Order Date :- 5.5.2025 VMA