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

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

What the court decided

AI extract

Outcome

Direction to respondent no. 2 to consider and decide the petitioner's representation dated 12.03.2024 in accordance with law, keeping in view the judgment and order dated 17.11.2018 in Mohan Swaroop (supra), within a period of two months from the date of production of certified copy of this order; no monetary award made and merits not entered into.

Issue for consideration

Whether respondent no. 2 (Divisional Forest Officer, Dakshin Kheri Van Prabhag, Lakhimpur Kheri) should grant the petitioner the minimum of the pay-scale of Rs. 18,000/- as per 7th Pay Commission alongwith arrears since March, 2018 in terms of the judgment and order dated 17.11.2018 in Writ A No. 11964 of 2018 (Mohan Swaroop).

Court's answer

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 respondent no. 2 to consider and decide the petitioner's representation dated 12.03.2024 in accordance with law and keeping in view the judgment and order dated 17.11.2018 in Mohan Swaroop (supra), within a period of two months from the date of production of certified copy of this order.

Detailed headnote1 paragraphs

WRIT - A No. 3244 of 2024 (Deepak v. State of U.P.), High Court of Judicature at Allahabad, Lucknow Bench, Hon'ble Abdul Moin, J., order dated 26.4.2024. Petitioner, a Class-IV employee appointed in April, 1991 and continuously functioning on the post, sought a direction to respondent no. 2, Divisional Forest Officer, Dakshin Kheri Van Prabhag, Lakhimpur Kheri, to grant minimum of pay-scale of Rs. 18,000/- as per 7th Pay Commission with arrears since March, 2018 in terms of the judgment and order dated 17.11.2018 in Writ A No. 11964 of 2018 (Mohan Swaroop and Another Vs. State of U.P. and others); his representation dated 12.03.2024 on the point was pending undecided. Learned counsel confined the prayer to a direction that respondent no. 2 consider and decide the representation within a time fixed by the Court; learned Standing Counsel had no objection. Without entering into the merits, the Court disposed of the writ petition, directing respondent no. 2 to consider and decide the representation dated 12.03.2024 in accordance with law and keeping in view the Mohan Swaroop judgment, within two months from production of certified copy of the order.

Neutral Citation No. - 2024:AHC-LKO:32667

Court No. - 6

Case :- WRIT - A No. - 3244 of 2024

Petitioner :- Deepak Respondent :- State Of U.P. Thru. Secy. Forest Deptt. Civil Sectt. Lko And Aother 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-Divisional Forest Officer, Dakshin Kheri Van Prabhag, Lakhimpur Kheri to forthwith grant the minimum of the pay-scale of Rs. 18,000/- as per 7th Pay Commission alongwith 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, 1991 and he has continuously been functioning on the said post. After coming of 7th Pay Commission, the petitioner has made representation dated 12.03.2024 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 hereinabove 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 12.03.2024 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 :- 26.4.2024 A. Katiyar

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench