Disposed

Viri Singh and 20 Others v. State of U.P. and 2 Others

Allahabad HC4 Jan 2022WRIA/18821/2021

Case brief

AI extract

What is this about?

The petitioner sought a writ mandamus directing the state to pay arrears of salary and pension under the 6th Pay Commission. The court disposed of the petition without forming an opinion on merits, directing parties to approach the competent authority within two weeks.

What did the court decide?

Writ petition disposed off with direction to approach the competent authority within two weeks for claim determination.

Viri Singh and 20 Others Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 45

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Case :- WRIT - A No. - 18821 of 2021

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Petitioner :- Viri Singh And 20 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Dubey,Ajit Dubey Counsel for Respondent :- C.S.C.,Pranjal Mehrotra

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Hon'ble Sameer Jain,J.

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Heard Sri Ajit Dubey, learned counsel for the petitioners, learned Standing Counsel for the State-respondent and Sri Pranjal Mehrotra, learned counsel for respondents 2 and 3.

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By way of present writ petition, the petitioners have made the following prayer:-

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"(a) to issue order, direction or writ in the nature of mandamus commanding and directing the respondents to pay the arrears of salary to the petitioners providing actual benefit of the revised pay scales as per the recommendations of 6th pay commission w.e.f. 01.01.2006 along with interest as per prevailing market rate.

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(b) to issue order, direction or writ in the nature of mandamus commanding and directing the respondents to pay the arrears of salary to the petitioners w.e.f. 01.01.2006 to 11.03.2010 along with interest as per the prevailing market rate expeditiously or within the time stipulated by this Hon'ble Court.

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(c) to issue order, direction or writ in the nature of mandamus commanding and directing the respondents to make payment of arrears of pensionary benefits i.e. difference of pensionary benefits after revision of their pay from 01.01.2006 till the actual pay revision implemented w.e.f. 12.03.2010 in U.P. Jal Nigam along with payment of interest as per prevailing market rate."

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In support of his submission, learned counsel for the petitioners has placed reliance on order dated 19.02.2021 passed in Writ A no.1776/2021 (Girja Shankar and others vs. State of U.P. and others) , wherein, writ petition was allowed asking the respondents to release the arrears of 6th Pay Commission report w.e.f. 01.01.2006 till the petitioners remained in service, release the arrears of pension and also to re-determine their pension etc.

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Learned counsel for the respondents very fairly states that in

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case the petitioners approach the competent authority, the grievance of the petitioners would be looked into, examined and remedied at the earliest.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed off finally with the direction that in case petitioners move a fresh representation/application before the Competent Authority within two weeks from today, this Court hopes and trust that the Authority concerned would proceed to consider and decide the claim of the petitioners within further period of two months, keeping in mind the observations made in Girja Shankar (supra).

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 4.1.2022 AK Pandey

Viri Singh and 20 Others v. State of U.P. and 2 Others

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Viri Singh and 20 Others v. State of U.P. and 2 Others

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