Vijay Kumar Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2023)

Vijay Kumar Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Direction to respondent No. 3 to examine and decide the petitioner's representation dated 29.05.2023 strictly in accordance with law by a reasoned and speaking order, preferably within three months of production of certified copy of the order; the Court itself did not adjudicate the pension/ACP entitlements.

Issue for consideration

Whether the petitioner's pension should be recalculated/revised by including his training period towards completion of 26 years of service, along with benefits of the revised pay scale and the 7th Pay Commission in view of the specified Government Orders, with all consequential benefits and arrears. +1 more

Ratio / Principle

The petition stands disposed of with a direction to respondent No. 3 to look into and consider the petitioner's representation dated 29th May, 2023 and decide it strictly in accordance with law.

Key takeaways

The representation is to be decided by a reasoned and speaking order as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Ajit Kumar, J.), order dated 22.9.2023 in WRIT - A No. 14655 of 2023 (Neutral Citation 2023:AHC:183910): Vijay Kumar v. State of U.P. and 2 others. Petition under Article 226 sought mandamus directing respondents to recalculate/revise the petitioner's pension by counting his training period towards completion of 26 years of service, to grant the Third ACP Grade Pay of Rs. 4600/- under the Assured Career Progression Scheme, and to give revised pay scale and 7th Pay Commission benefits in view of Government Orders dated 18/07/2017, 26/08/2015, 03/03/2015, 05/11/2014, 17/03/2012 and 21/07/2011, with consequential benefits and arrears. Learned Standing Counsel noted the petitioner had already represented before respondent No. 3 on 29.05.2023. Without deciding entitlement, the Court disposed of the petition, directing respondent No. 3 to consider that representation and decide it strictly in accordance with law by a reasoned and speaking order, expeditiously, preferably within three months of production of a certified copy of the order.

Neutral Citation No. - 2023:AHC:183910

Court No. - 34

Case :- WRIT - A No. - 14655 of 2023

Petitioner :- Vijay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Madhaw Pandey,Arvind Tripathi,Harsh Kumar Anand Counsel for Respondent :- C.S.C

Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following relief:

"(a). Issue, a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities to recalculate/ revise the pension of the petitioner, after calculating/ including the training period, on account of completion of 26 years of his service and also to grant the benefits of revised Pay scale & 7th Pay Commission, in view of the relevant Government Orders dated 18/07/2017, 26/08/2015, 03/03/2015, 05/11/2014, 17/03/2012 & 21/07/2011, with all consequential benefits with arrears.

(b). Issue, a writ, order or direction in the nature of mandamus directing the Respondents, to Revise/ Recalculate the pension of the petitioner, after giving the benefit of next pay up-gradation (Third ACP Grade Pay of Rs.4600/-) under the Assured Career Progression Scheme (ACP), after calculating/ including the training period, on account of completion of 26 years of services, and to grant the benefit of 7th Pay Commission, in view of the relevant Government orders dated 18/07/2017, 26/08/2015, 03/03/2015, 05/11/2014, 17/03/2012 & 21/07/2011, will all consequential benefits and arrears."

Learned Standing Counsel submits that since petitioner has already represented the matter before the respondent No.- 3 on 29th May, 2023 that may be directed to be examined in accordance with law.

In view of the above, this petition stands disposed of with a direction to the respondent No.- 3 to look into and consider the representation of the petitioner dated 29th May, 2023 and decide the same strictly in accordance with law by means of a reasoned

and speaking order as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order.

Order Date :- 22.9.2023 Atmesh

Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad