Bhola Nath Srivastava and 2 Others Vs the State of U.P. Thru. Prin.Secy. Dairy Development and 2 Others — Allahabad HC (2024) — LawSathi Research

Bhola Nath Srivastava and 2 Others Vs the State of U.P. Thru. Prin.Secy. Dairy Development and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to opposite party no. 2 to consider and decide the petitioners' claim for promotional pay scale/selection grade on completion of 19/24 years of continuous satisfactory service, and to consider according the benefits granted vide order dated 06.02.2024 in Writ A No. 9688 of 2023 if applicable; writ petition disposed of with these observations.

Issue for consideration

Whether the petitioners are entitled to grant of promotional pay scale/selection grade on completion of 19/24 years of continuous satisfactory service. +1 more

Court's answer

Without entering into the merits of the case, the Court directed opposite party no. 2 to consider and decide the petitioners' claim for grant of promotional pay scale/selection grade on completion of 19/24 years of continuous satisfactory service, as claimed by the petitioners.

Ratio / Principle

The Court further directed that opposite party no. 2 may also consider according to the petitioners the benefits granted vide order dated 06.02.2024 in Writ A No. 9688 of 2023, if the same is applicable in the case of the petitioners.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Shree Prakash Singh, J.), WRIT - A No. 2812 of 2024, decided 9.4.2024 (Neutral Citation 2024:AHC-LKO:28973). Petitioners (Bhola Nath Srivastava and 2 others) sought mandamus commanding the opposite parties to grant promotional pay scale/selection grade on completion of 19/24 years of continuous satisfactory service, and to consider their claim in light of the order dated 6.2.2024 passed in Writ-A No. 9688 of 2023. Learned counsel for the petitioners submitted that the interest of justice would be subserved if opposite party no. 2 were directed to consider and decide the claim within a stipulated period; counsel for the opposite parties had no objection. Without entering into the merits of the case, the Court directed opposite party no. 2 to consider and decide the petitioners' claim for promotional pay scale/selection grade, and also to consider according the benefits granted vide order dated 06.02.2024 in Writ A No. 9688 of 2023, if applicable. The writ petition was disposed of accordingly. No entitlement was adjudicated on merits; no statute was cited; no costs awarded.

Neutral Citation No. - 2024:AHC-LKO:28973

Court No. - 20

Case :- WRIT - A No. - 2812 of 2024

Petitioner :- Bhola Nath Srivastava And 2 Others Respondent :- The State Of U.P. Thru. Prin.Secy. Dairy Development And 2 Others Counsel for Petitioner :- Pradeep Kumar Tripathi Counsel for Respondent :- C.S.C.,Pankaj Patel

Hon'ble Shree Prakash Singh,J.

Heard Sri Pradeep Kumar Tripathi, learned counsel for the petitioners, Sri Ravi Shanker, learned counsel appearing for the opposite parties no. 1 & 2 and Sri Pankaj Patel, learned counsel appearing for the opposite party no. 3.

Instant writ petition has been filed seeking the following reliefs :-

1. Issue a writ, order, or direction in the nature of Mandamus commanding the opposite party No-2 & 3 to grant benefits of promotional pay scale/selection grade to the petitioners on completion of 19/24 year of continuous satisfactory service, within stipulated period, in the interest of justice.

2. Issue a writ or direction in the nature of Mandamus commanding the opposite party No-2 & 3 to consider the claim of the petitioners for grant of benefits of promotional pay/selection grade/increment scale on completion of 19/24 year of continuous satisfactory service in light of order dated 6.2.2024 passed by Hon'ble court in Writ-A No9688 of 2023 and pay the actual benefits to them within same period, in the interest of justice.

3. Issue any other writ order or direction, as this Hon'ble court may deem fit and proper under the circumstances of the case.

4. Allow the writ petition with cost."

Contention of learned counsel for the petitioners is that the opposite parties are not granting the promotional pay scale/selection grade to the petitioners on completion of 19/24 years of continuous satisfactory service.

After arguing at some length, learned counsel appearing for the petitioners submits that the interest of justice would be sub-served, if the

opposite party no. 2 is directed to consider and decide the claim of the petitioners, within a stipulated period of time, as may be fixed by this court.

Learned counsels appearing for the opposite parties have no objection to the contentions aforesaid.

Considering the submissions of learned counsels for the parties and without entering into the merits of the case, the opposite party no. 2 is hereby directed to consider and decide the claim of the petitioners with respect to grant of promotional pay scale/selection grade to the petitioners on completion of 19/24 years of continuous satisfactory service, as is claimed by the petitioners, and further, he may also consider to accord the benefits granted vide order dated 0602-2024 passed in Writ A No. 9688 of 2023, if the same is applicable, in the case of the petitioners.

With the aforesaid observations, the instant writ petition is disposed of.

Order Date :- 9.4.2024 AKS

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench