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

Rahis 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 (Deputy Director, Dudhwa Tiger Reserve, Pallia Kala, Lakhimpur Kheri) to consider and decide the petitioner's representation dated 06.04.2024 in accordance with law, keeping in view the judgment and order dated 17.11.2018 in Mohan Swaroop (supra), within two months from production of certified copy of the order.

Issue for consideration

Whether respondent no. 2 (Deputy Director, Dudhwa Tiger Reserve) should be directed to consider and decide the petitioner's representation dated 06.04.2024 seeking minimum of pay scale of Rs. 18,000/- per 7th Pay Commission with arrears since March, 2018 in terms of the Mohan Swaroop judgment.

Court's answer

Without entering into the merits, the writ petition is disposed of with a direction to respondent no. 2 to consider and decide the petitioner's representation dated 06.04.2024 in accordance with law.

Ratio / Principle

The decision on the representation is to be rendered within two months from the date of production of certified copy of the order, keeping in view the judgment and order dated 17.11.2018 in the case of Mohan Swaroop (supra).

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Abdul Moin, J. — Writ - A No. 3695 of 2024 (Rahis v. State of U.P. and another), order dated 13.5.2024. Petitioner, appointed on a Class-IV post in January, 2011 and functioning thereon, sought through his counsel 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 the judgment and order dated 17.11.2018 in Writ A No. 11964 of 2018 (Mohan Swaroop). His representation dated 06.04.2024 on respondent no. 2 was undecided. Counsel confined the prayer to a direction to consider and decide the representation, to which the learned Standing Counsel raised 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 06.04.2024 in accordance with law, keeping in view Mohan Swaroop (supra), within two months from production of certified copy of the order.

Court No. - 6

Case :- WRIT - A No. - 3695 of 2024

Petitioner :- Rahis

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 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 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 January, 2011 and he has continuously been functioning on the said post. After coming of 7th Pay Commission, the petitioner has made representation dated 06.04.2024 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 06.04.2024 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 :- 13.5.2024 Pachhere/-

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