Allowed

Savita Devi and 9 Others v. State of U.P. and 2 Others

Allahabad HC10 Oct 2023WRIA/12730/2023

Case brief

AI extract

What is this about?

This writ petition sought grade pay and arrears for health workers. The court dismissed the plea to wait for a pending special appeal by the State, ruling that without a stayed judgment, the coordinate bench's order must be applied immediately.

What did the court decide?

Respondents directed to pay grade pay of Rs. 2,800/- to petitioners from their respective dates of appointment.

Savita Devi and 9 Others Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195135

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Court No. - 34

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Case :- WRIT - A No. - 12730 of 2023

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Petitioner :- Savita Devi And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kanhaiya Lal Tiwari Counsel for Respondent :- CSC

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the parties and perused the record.

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Petitioner who is working as Health Worker Female in the department of Medical Health Female Welfare Government of UP, has approached this Court with the following reliefs as substantial reliefs:

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"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.2 to pay the grade of Rs.2,800/- as is being paid to the similarly situated persons appointed on or before 01.12.2011 and further be pleased to direct the respondent No.2 to pay the arrears of salary from the respective date of appointment of the petitioner in the grade pay of Rs.2800.

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II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.2 to pay the arrears of salary from the respective date of appointment of the petitioner in the grade of pay of Rs.2800."

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Learned counsel for the petitioner on the last occasion had argued that the case of the petitioner stood squarely covered by the judgment and order dated 04.07.2023 passed in Writ-A No.20255 of 2021 (Kamal Deep Nirala & ors v. State of UP & ors) which has been brought on record as Annexure-3 to the writ petition. Accordingly, on 16.08.2022, this Court passed following order:

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"Learned Standing Counsel submits that against the judgment of this Court dated 4th July, 2023 passed in Writ - A No.- 20255 of 2021 State Government has decided to prefer special appeal and hence the matter may be adjourned for two weeks, however, he does not dispute the judgment relied upon is still a good law.

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In view of the above, an affidavit is required to be filed by the competent officer on behalf of the State as to why this petition may not be disposed of in terms of the order dated 4th July, 2023 passed in Writ - A No.- 20255 of 2021 as the said order has not been stayed till date by any higher Court.

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List this matter on 12th September, 2023 amongst top 10 cases. "

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In compliance of the aforesaid order, the State-respondents have filed an affidavit sworn by Dr. Amit Singh who is a Joint Director of Medical (MCH) in the office of Director General Family Welfare UP, Lucknow, in which vide para 5 it has been averred thus:

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"That after receiving the aforesaid legal opinion to the effect that the judgment dated 04.07.2023 "should be challenged before this Hon'ble Court in Special Appeal however, before proceeding opinion of law department may also be obtained" and the permission to file special appeal against the judgment dated 04.07.2023 has been given vide letter dated 14.08.2023 by the Addl. Legal Remembrancer, law (Writ Legal Advisory) Anubhag-6 Govt. of Uttar Pradesh and directions to file special appeal has also been given vide order no. 596/5-10-2023, dated 17.08.2023 from the Medical Anubhag-10 Govt. of Uttar Pradesh.

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In compliance of the aforesaid directions vide letter dated 21.08.2023 of the Director General, Family Welfare requesting to file Special Appeal against the order dated 04.07.2023 and the proceedings of filing the special appeal is under process in accordance with the aforesaid directions and therefore, the deponent humbly request, this Hon'ble Court to consider the reasons behind delay in filing the aforesaid special appeal against the judgment dated 04.07.2023 and passed the order in view of the facts and circumstances above."

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Thus stand is sought to be taken that since the State-respondents propose to challenge the judgment in question by way of intracourt appeal, therefore, this petition may not be disposed of in terms of judgment in question considering genuine reasons for delay in filing intra court of appeal.

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From the averments of affidavit filed today, it clearly transpires that process to file appeal is still underway. It is settled law until and unless a judgment is reversed, mere filing of an appeal is not an excuse not to follow the judgment as a binding precedent and further even if the appeal is preferred, it will not count to stay order and judgment appealed against, would remain to be a good law. The petitioner's case is on a much better footing as the State appeal has yet not been prepared what to say about filing of the same.

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Learned Additional Chief Standing Counsel could not demonstrate during the course of argument as to why on merits, petitioner's case cannot be held to be covered by the judgment in question.

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In view of the above, there is no reason to keep this petition

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pending and not decide the same in light of judgment of this Court dated 04.07.2023 passed in Writ-A No.20255 of 2021.

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Accordingly, this petition stands disposed of in light of the directions issued by Co-ordinate Bench of this Court in Writ-A No.20255 of 2021 passed on 04.07.2023. The respondents are directed to pay grade pay of Rs.2800/- to the petitioners of this case as well.

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Order Date :- 10.10.2023 P Kesari

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Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad

Savita Devi and 9 Others v. State of U.P. and 2 Others

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Savita Devi and 9 Others v. State of U.P. and 2 Others

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