Sudeshwar Chaubey and 4 Others Vs State of U.P. and 5 Others

Court No. - 2

Case :- WRIT - A No. - 14607 of 2019

Petitioner :- Sudeshwar Chaubey And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Suneet Kumar,J.

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Petitioners submit that they are entitled to notional increment for the period 1.7.2015 to 30.6.2016 and 1.7.2016 to 30.6.2017, in light of the judgment of the Madras High Court dated 15.9.2017 passed in Writ Petition No.15732 of 2017 (P. Ayyamperumal Vs. The Registrar, Central Administrative Tribunal and others) , against which a special leave petition filed before the Supreme Court has been rejected on 23rd July, 2018. It is stated that denial of annual increment to the petitioners, in the facts and circumstances, is wholly arbitrary. It is also urged that various representation made in that regard have not been bestowed any consideration and hence this writ petition.

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While entertaining the writ petition, time was granted to the learned Standing Counsel to file a counter affidavit on 18th April, 2019. No counter affidavit has been filed. Considering the nature of the order proposed to be passed, no further time is liable to be granted to the learned Standing Counsel to file a counter affidavit, and the writ petition is being disposed of, at this stage itself.

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In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the second respondent to accord consideration to petitioner's claim for grant of notional increment w.e.f. 1.7.2015 to 30.6.2016 and 1.7.2016 to 30.6.2017, keeping in view the law laid down in the matter, by passing a reasoned order, within a period of two months from the date of presentation of certified copy of this order.

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Order Date :- 20.9.2019 S.Prakash

Sudeshwar Chaubey and 4 Others v. State of U.P. and 5 Others

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Sudeshwar Chaubey and 4 Others v. State of U.P. and 5 Others

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