Brijendra Nath Mishra Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Urban Development Lko and 3 Others — Allahabad HC (2024) — LawSathi Research

Brijendra Nath Mishra Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Urban Development Lko and 3 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief adjudicated on merits; petition disposed of with directions to opposite party no. 4 / competent authority to decide the petitioner's representation dated 07.12.2023 within six weeks, to ensure actual payment within a further six weeks if the petitioner is found entitled, and to decide the question of payment of interest on delayed payment of retiral benefits.

Issue for consideration

Whether the petitioner is entitled to the benefit of Grade Pay of Rs. 8700/- in the pay band of Rs. 37400-67000 w.e.f. 18.03.2011 and in the pay band of Rs. 1,23,100 - 2,15,900 w.e.f. 01.01.2016, together with arrears of difference of pay and retiral dues. +1 more

Court's answer

Without entering into the merits, opposite party no. 4 (General Manager, Water Works Department, Nagar Nigam Lucknow) or any other competent authority shall consider and decide the petitioner's representation within six weeks from the date a certified copy of the order is produced before it.

Ratio / Principle

If the petitioner is found entitled to the relief, actual payment of the same shall be ensured within six weeks thereafter.

Key takeaways

The competent authority shall also take a decision with regard to payment of interest on delayed payment of retiral benefits.ratio¶¶10
With the aforesaid observations and directions, the writ petition is finally disposed of.ratio¶¶11

Detailed headnote1 paragraphs

Service matter — pay revision and retiral dues. Writ petition (Writ - A No. 227 of 2024, Neutral Citation 2024:AHC-LKO:3964) by Brijendra Nath Mishra against the State of U.P. and others, praying (i) for revision of pay and retiral dues with Grade Pay of Rs. 8700/- in the pay band Rs. 37400-67000 w.e.f. 18.03.2011 and in the pay band Rs. 1,23,100 - 2,15,900 w.e.f. 01.01.2016 with arrears, and (ii) interest at 12% per annum on the arrears. A representation dated 07.12.2023 on the grievance was pending, and counsel restricted the prayer to a final decision on it. Hon'ble Manish Mathur, J. (High Court of Judicature at Allahabad, Lucknow Bench, Order Date 12.1.2024), without entering into the merits, disposed of the petition directing opposite party no. 4, the General Manager, Water Works Department, Nagar Nigam Lucknow (or any other competent authority), to consider and decide the representation within six weeks of production of a certified copy of the order, to ensure actual payment within a further six weeks if the petitioner is found entitled, and also to take a decision on payment of interest on delayed payment of retiral benefits.

Neutral Citation No. - 2024:AHC-LKO:3964

Court No. - 17

Case :- WRIT - A No. - 227 of 2024 Petitioner :- Brijendra Nath Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Urban Development Lko And 3 Others Counsel for Petitioner :- Shivendra Nath Misra,Sukha Ram Shukla Counsel for Respondent :- C.S.C.,Namit Sharma

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State Counsel for opposite party nos. 1 to 3 and Mr. Pahul Srivastava learned counsel holding brief on behalf of Mr. Namit Sharma, learned counsel for opposite party no. 4.

Petition has been filed for following reliefs:-

"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to revise the pay and retiral dues after provide the benefits of Grade pay of Rs. 8700/- in the pay band of Rs. 37400-67000 w.e.f. 18.03.2011 and in the pay band of Rs. 1,23,100 - 2,15,900 w.e.f. 01.01.2016 and pay the arrears of difference within stipulated time.

(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the interest at the rate of 12% per annum to the petitioner on the arrears of difference of pay retiral dues w.e.f. due date till the date of actual payment."

With regard to aforesaid grievance, petitioner has already submitted a representation dated 07.12.2023. At present learned counsel for petitioner restricts his prayer for a final decision with regard to same.

Considering the innocuous prayer, without entering into merits of the case, before opposite party no. 4 i.e General Manager, Water Works Department, Nagar Nigam Lucknow or any other competent authority who shall consider and decide the same within a period of six weeks from the date a certified copy of this order is produced before the said authority. In case petitioner is entitled for the aforesaid relief, actual payment of same shall be ensured within a period of six weeks thereafter. The competent authority shall also take a decision with regard to payment of interest on delayed payment of retiral benefits.

With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 12.1.2024 Satish

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench