Disposed

Vijay Kumar and 5 Others v. State of U.P. Thru. Prin. Secy. P.W.D. Lko. and 2 Others

Allahabad HC12 Mar 2024/1905/2024

Case brief

AI extract

What is this about?

The Court directed the Principal Secretary, P.W.D., to take a final decision within eight weeks on recommendations dated 20.03.2020 and 29.12.2020 regarding the implementation of the 6th Pay Commission benefits with retrospective effect, ignoring earlier orders.

What did the court decide?

Principal Secretary, P.W.D. directed to take a final decision on recommendations for 6th Pay Commission benefits within eight weeks, ignoring earlier orders.

Vijay Kumar and 5 Others Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21451

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Court No. - 17

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Case :- WRIT - A No. - 1905 of 2024

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Petitioner :- Vijay Kumar And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. P.W.D. Lko. And 2 Others Counsel for Petitioner :- Dinesh Kumar Tripathi,Vijay Kumar Counsel for Respondent :- C.S.C.,Shishir Jain

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioners, learned State Counsel appearing on behalf of opposite parties no.1 and 2 and Mr. Tushar Bhushan, learned counsel holding brief on behalf of Mr. Shishir Jain, learned counsel for opposite party no.3.

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Petition has been filed seeking the following reliefs:

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"I. Issue a writ, order or direction in the nature of Mandamus directing the opp. party No.2 present the recommendations/forwarding letters dated 20.03.2020 and 29.12.2020 of the opp. party no.3 to the Government for the grant of approval/ consent regarding the arrear of the 6th pay scale w.e.f. 01.01.2006 to 25.03.2010 which is ANNRXURE NO.1&3 in the interest of Justice.

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II. Issue a writ order or direction in the nature of Mandamus directing the opp. party no.2 to take the decision on the recommendation letter dated 29.12.2020 of the opp. party no.3 which is annexure no.3, in the interest of justic.

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III. Issue a nature of Mandamus directing the opp. parties give the benefit of the judgment of this Hon'ble court passed the writ petition no.4986/2023 Triloki Nath Tiwari versus State of U.P. judgment dated 26.11.2018 as well as give the benefit of the judgment dated 23.07.2010 in the case of special appeal no.64 of 2006 decided on 23.07.2010 according which 6th pay scale is payable w.e.f. 01.01.2006 and give the approval for the payment of arrear of 6th pay scale w.e.f. 01.01.2006 to 25.03.2010 after taking consent/ approval from the Government in the interest of Justice.

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IV. Issue a writ, order or direction in the nature of Certiorari to quash the order dated 29.12.2014 and 18.11.2019 passed by the joint secretary P.W.D. which is Annexure no.14 & 15 although the restricted provision set aside by this Hon'ble court. ....................."

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It has been submitted that although the benefits of 6th Pay Commission Recommendation have been implemented upon employees of the Bridge Corporation but they are not being made admissible with effect from 01.01.2006 which is the date on which such recommendations were implemented.

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It is submitted that the Managing Director of the Corporation

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vide letter dated 20.03.2020 has already submitted a recommendation of the Corporation regarding implementation of benefits of 6th Pay Commission with effect from 01.01.2006 but no final decision has been taken by the State Government till date. It is submitted that a recommendation dated 29.12.2020 has also been made to the State Government by the Managing Director.

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He has also placed reliance on judgment rendered in the case of State of U. P. & Ors. versus Prabhu Narain Sharma & Ors.; Special Appeal No.64 of 2006 and other connected matters, judgment rendered in the case of Triloki Nath Tiwari and Ors. versus State of U.P. & Ors.; Writ Petition No.4986 (S/S) of 2013 and other connected matters as well as in the case of U.P. Mandi Parishad Karamchari Sangh through President LKO versus State of U.P. & Ors.; Writ A No.7498 of 2014.

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It is admitted and submitted that the same has been complied with. It is not denied by learned counsel for opposite parties that the Bridge Corporation in fact has made the recommendation vide letter dated 20.03.2020 as indicated by learned counsel for petitioners but State Government has not yet taken any final decision with regard to same.

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Considering innocuous prayer being made by learned counsel for petitioners and without entering into the merits of the case, opposite party No.1 i.e. Principal Secretary, P.W.D. Civil Secretariat, Lucknow is directed to take a final decision with regard to the recommendations dated 20.03.2020 within a period of eight weeks from the date a certified copy of this order is produced before said authority ignoring the earlier orders dated 29.12.2014 and 18.11.20219 and also considering the judgments indicated hereinabove in case the same are applicable.

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With the aforesaid observations and directions, petition stands disposed of .

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Order Date :- 12.3.2024 Subodh/-

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Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Vijay Kumar and 5 Others v. State of U.P. Thru. Prin. Secy. P.W.D. Lko. and 2 Others

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Vijay Kumar and 5 Others v. State of U.P. Thru. Prin. Secy. P.W.D. Lko. and 2 Others

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