The court dismissed the petition for deciding pay fixation directly. Instead, it ordered the petitioner to file a fresh representation, directing the authority to decide it within two months via a reasoned order.
Petitioner to file a fresh representation; authority to decide within two months via reasoned order.
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Court No. - 44
Case :- WRIT - A No. - 9886 of 2020
Petitioner :- Smt. Ashwani Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhirendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
Heard learned Counsel for the parties.
The present petition has been filed for the following main relief:-
"(I) Issue a writ, order or direction in the nature of mandamus commanding and directing the authority concern to decide the grievance of the petitioner with regard to fixation of pay scale w.e.f. 26.07.2012 and treating her service as qualified service, during the pendency of the present writ petition before this Hon'ble Court."
The grievance of the petitioner relates to fixation of pay w.e.f. 26.07.2012. In this regard reliance has been placed on para 25 and 26 of the judgment dated 23.02.2018 passed in Writ A No.17329 of 2012 (Omprakash Yadav vs. State of U.P. & Ors.).
Learned counsel for the petitioner submits that justice would suffice if a direction be issue to the competent authority take a decision in the pending representation of the petitioner within specified time.
To the aforesaid prayer of the learned counsel for the petitioner, learned counsel for the State has no serious objection.
In view of aforesaid, without entering into merits of the issue, the petitioner is permitted to move a fresh representation before the competent authority concerned, enclosing therewith all the relevance documents, which are necessary for disposal of the
representation within a period of ten days from today. If such representation is preferred by the petitioner to the authority concerned, the same shall be considered and decided by a speaking and reasoned order, strictly in accordance with law, expeditiously, say within a period of two months from the date of presentation of a certified copy of this order along with representation.
With the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 20.11.2020 Jyoti/-
2 issues framed by the court
Whether the petitioner can be directed to file a fresh representation regarding fixation of pay scale and treatment of service?
What time limit and procedural requirements should be imposed on the authority for deciding the relief?
Smt. Ashwani Kumar Singh
State Of U.P.
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
