Amar Priya Srivastava Vs State of U.P. Thru. Secy. Forest Deptt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Amar Priya Srivastava Vs State of U.P. Thru. Secy. Forest Deptt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 2 (Divisional Forest Officer, Dakshin Kheri Van Prabhag, Lakhimpur Kheri) to consider and decide the petitioner's representation dated 20.03.2024 in accordance with law, keeping in view the judgment and order dated 17.11.2018 in Mohan Swaroop, within two months from production of certified copy of the order.

Issue for consideration

Whether the petitioner, stated to have been appointed on a Class-IV post in August 2018, is entitled to 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 dated 17.11.2018 in Mohan Swaroop. +1 more

Ratio / Principle

Without entering into the merits 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 20.03.2024; the entitlement claim itself was left undecided.

Key takeaways

The direction is to act in accordance with law, keeping in view the judgment and order dated 17.11.2018 in Mohan Swaroop, within a period of two months from the date of production of certified copy of the order.ratio¶9

Detailed headnote1 paragraphs

WRIT - A No. 3366 of 2024 (Abdul Moin, J.; order dated 1.5.2024; Neutral Citation 2024:AHC-LKO:33854): The petitioner, stated to have been appointed on a Class-IV post in August 2018 and continuously functioning thereon, sought a direction to respondent no. 2, Divisional Forest Officer, Dakshin Kheri Van Prabhag, Lakhimpur Kheri, to grant the minimum of the pay-scale of Rs. 18,000/- as per the 7th Pay Commission with arrears since March, 2018 in terms of the judgment and order dated 17.11.2018 of this Court in Writ A No. 11964 of 2018 (Mohan Swaroop and Another Vs. State of U.P. and others). His representation dated 20.03.2024 on the point had not been decided. At hearing, counsel for the petitioner confined the prayer to a direction to consider and decide the representation within a time to be fixed, and the learned Standing Counsel raised no objection. Disposing of the writ petition without entering into the merits, the Court directed respondent no. 2 to consider and decide the representation dated 20.03.2024 in accordance with law, keeping in view the Mohan Swaroop judgment, within two months from production of a certified copy of the order.

Neutral Citation No. - 2024:AHC-LKO:33854

Court No. - 6 Case :- WRIT - A No. - 3366 of 2024 Petitioner :- Amar Priya Srivastava Respondent :- State Of U.P. Thru. Secy. Forest Deptt. 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-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 August 2018 and he has continuously been functioning on the said post. After coming of 7th Pay Commission, the petitioner has made representation dated 20.03.2024 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 20.03.2024 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 :- 1.5.2024/J. K. Dinkar

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench