Allowed

Jag Jeewan Singh and 9 Others v. State of U.P Thru. Addl. Chief Secy. Irrigation and Water Resources Deptt. Lko. and 2 Others

Allahabad HC16 Jan 2024/253/2024

Case brief

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What is this about?

High Court at Lucknow issued a writ of Mandamus allowing petitioners seeking one annual increment on a notional basis upon retirement effective 31st July, following a prior High Court judgment decisively covering the issue.

What did the court decide?

Direction to grant one annual increment on notional basis for those retiring on 30th June, refix pay/pension, and pay arrears.

Jag Jeewan Singh and 9 Others Vs State of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4189

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Court No. - 18

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Case :- WRIT - A No. - 253 of 2024

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Petitioner :- Jag Jeewan Singh And 9 Others Respondent :- State Of U.P Thru. Addl. Chief Secy. Irrigation And Water Resources Deptt. Lko. And 2 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for petitioners and learned State Counsel for opposite parties.

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Petition has been filed seeking a direction in the nature of Mandamus thereby commanding the opposite parties to consider the case of petitioners for granting one annual increment on notional basis on their being retiring on 30th June of respective years in the light of the judgment and order of Hon'ble Apex Court dated 11.04.2023 passed in Civil Appeal No. 2471 of 2023 and to refix the pay and pension of the petitioners by adding one annual increment and to pay the arrears thereof for that the petitioners have already represented their case before the respondent nos. 1 and 3.

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Learned counsel has placed reliance on judgment rendered by this court in the case of P.P. Pandey versus State of U.P. and others,writ petition No. 18375 (S/S) of 2020 which has been followed by another coordinate Bench of this Court in the case of Nand Vijay Singh and others versus Union of India and other, Writ A No. 13299 of 2020 which has been quoted with approval by the Supreme Court in the case of The Director (Admn. and HR) KPTCL & others versus C.P. Mundinamani and others reported in 2023 Live Law (SC) 296. He also placed reliance on the judgment and order of this Court dated 02.11.2023 passed in Writ A No. 8187 of 2023.

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Learned State Counsel also does not dispute the fact that petitioner is squarely covered by the aforesaid judgment.

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Considering the said factors, a writ in the nature of Mandamus is issued commanding the opposite parties to grant benefit of judgment rendered by this Court in the case of P.P. Pandey (supra) with regard to grant of one annual increment to which he had become admissible on Ist July of respective years of retirement.

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Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost.

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Order Date :- 16.1.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Jag Jeewan Singh and 9 Others v. State of U.P Thru. Addl. Chief Secy. Irrigation and Water Resources Deptt. Lko. and 2 Others

Case brief

What is this about?

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Jag Jeewan Singh and 9 Others v. State of U.P Thru. Addl. Chief Secy. Irrigation and Water Resources Deptt. Lko. and 2 Others

Case brief

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