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

Ramsajivan 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 to consider and decide the petitioner's representation dated 30.03.2024 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 the date of production of certified copy of the order; no relief adjudicated on merits.

Issue for consideration

Whether respondent no. 2 (Divisional Forest Officer, Van Evam Jal Vayu Parivartan Prabhag, Raebareli) should be directed to grant the petitioner the minimum of the pay scale of Rs. 18,000/- as per the 7th Pay Commission alongwith arrears since March, 2018, in terms of the Mohan Swaroop judgment (Writ A No. 11964 of 2018, order dated 17.11.2018). +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 30.03.2024 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 a period of two months from the date of production of certified copy of this order.

Key takeaways

The disposal was on the request of learned counsel for the petitioner (who confined his prayer to a direction to decide the representation) and the Court expressly did not enter into the merit of the case; accordingly, no adjudication was made on the petitioner's pay-scale entitlement.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Abdul Moin, J. — Writ A No. 3642 of 2024, decided 10.05.2024 (Ramsajivan v. State of U.P.). A Class-IV employee (appointed July, 1998) sought a direction to the Divisional Forest Officer, Van Evam Jal Vayu Parivartan Prabhag, Raebareli (respondent no. 2) to grant him 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 Court's earlier order in Mohan Swaroop (Writ A No. 11964 of 2018, decided 17.11.2018); his representation dated 30.03.2024 remained undecided. Counsel confined the prayer to a time-bound 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 30.03.2024 in accordance with law, keeping in view the Mohan Swaroop judgment, within two months of production of a certified copy of the order.

Court No. - 6

Case :- WRIT - A No. - 3642 of 2024

Petitioner :- Ramsajivan

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- The Divisional Forest Officer, Van Evam Jal Vayu Parivartan Prabhag, Raebareli to forthwith grant the minimum of the payscale 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 July, 1998 and he has continuously been functioning on the said post. After coming of 7th Pay Commission, the petitioner has made representation dated 30.03.2024 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 30.03.2024 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 :- 10.5.2024 Pachhere/-

Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench