Ravi Vs State of U.P. Thru. the Secy. Forest Deptt. Civil Sectt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Ravi Vs State of U.P. Thru. the Secy. Forest Deptt. Civil Sectt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 2 (Deputy Director, Dudhwa Tiger Reserve, Pallia Kala, Lakhimpur Kheri) to consider and decide the petitioner's representation dated 11.03.2024 in accordance with law, keeping in view the judgment and order dated 17.11.2018 in Mohan Swaroop (Writ A No. 11964 of 2018), within two months from production of certified copy of the order; petition disposed without entering into merits.

Issue for consideration

Whether respondent no. 2 (Deputy Director, Dudhwa Tiger Reserve) may be directed to consider and decide the petitioner's representation dated 11.03.2024 for grant of minimum pay scale per 7th Pay Commission, within a time fixed by the Court.

Court's answer

The writ petition is disposed of with a direction to respondent no. 2 to consider and decide the petitioner's representation dated 11.03.2024 in accordance with law.

Ratio / Principle

The direction is to be complied with within a period of two months from the date of production of certified copy of the order.

Key takeaways

The disposal was made without entering into the merits of the case; no ruling was given on the claim itself.ratio¶9

Detailed headnote1 paragraphs

WRIT - A No. 3170 of 2024 (Ravi v. State of U.P. thru. Secy. Forest Deptt. and another), High Court of Judicature at Allahabad, Lucknow Bench, Abdul Moin, J., Order Date 23.4.2024 (Neutral Citation 2024:AHC-LKO:31599). The petitioner, a Class-IV employee appointed in April 2008 and continuing on the post, sought a direction to respondent no. 2, the Deputy Director, Dudhwa Tiger Reserve, Pallia Kala, Lakhimpur Kheri, to grant minimum of pay-scale of Rs. 18,000/- per 7th Pay Commission with arrears since March 2018 in terms of Mohan Swaroop (Writ A No. 11964 of 2018, decided 17.11.2018); his representation dated 11.03.2024 on the point was undecided. Counsel confined the prayer to a direction to decide the representation, to which the Standing Counsel had no objection. Without entering into the merits, the Court disposed of the petition, directing respondent no. 2 to consider and decide the representation dated 11.03.2024 in accordance with law, keeping the Mohan Swaroop judgment in view, within two months from production of certified copy of the order.

Neutral Citation No. - 2024:AHC-LKO:31599

Court No. - 6

Case :- WRIT - A No. - 3170 of 2024 Petitioner :- Ravi Respondent :- State Of U.P. Thru. The Secy. Forest Deptt. Civil Sectt. Lko. And Another Counsel for Petitioner :- Tushar Bhushan Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.

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

Present writ petition has been filed for issuing a direction to the respondent no. 2-The Deputy Director, Dudhwa Tiger Reserve, Pallia Kala, Lakhimpur Kheri to forthwith grant the minimum of the pay-scale of Rs. 18,000/- as per 7th Pay Commission along with arrears since March, 2018 in terms of the judgment and order dated 17.11.2018 passed by this Court in Writ A No. 11964 of 2018 (Mohan Swaroop and Another Vs. State of U.P. and others).

Learned counsel for the petitioner has submitted that the petitioner was initially appointed on the post of Class-IV post in April, 2008 and he has continuously been functioning on the said post. After coming of 7th Pay Commission, the petitioner has made representation dated 11.03.2024 before respondent no. 2 for grant of minimum of pay scale of Rs. 18000/- as per 7th Pay Commission but no decision has been taken by the respondent no. 2 and the matter is still pending.

After arguing at some length, learned counsel for the petitioner has confined his prayer to the extent that respondent no. 2 may be directed to consider and decide the representation of the petitioner mentioned herein-above within the time as this Hon'ble Court may deem fit and proper.

Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

On the request of learned counsel for the petitioner and without entering into the merit of the case, the writ petition is disposed of with a direction to the respondent no. 2 to consider and decide the representation of the petitioner dated 11.03.2024 in accordance with law and keeping in view the judgment and order dated 17.11.2018 passed by this Court in the case of Mohan Swaroop (supra) within a period of two months from the date of production of certified copy of this order.

Order Date :- 23.4.2024/Ashutosh

Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench