Disposed

Amar Dutt Tripathi and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Lko and 3 Others

Allahabad HC15 May 2024/3786/2024

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What is this about?

This court disposed of a writ petition seeking a mandatory direction to grant notional annual increments for petitioners retiring in June 2024. The court held the petition premature but granted liberty to approach the respondent with a representation, directing the respondent to decide within eight weeks.

What did the court decide?

Granted liberty to file representation; respondent directed to consider and decide within eight weeks.

Amar Dutt Tripathi and 3 Others Vs State… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:37300

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Court No. - 20

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Case :- WRIT - A No. - 3786 of 2024

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Petitioner :- Amar Dutt Tripathi And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Lko And 3 Others Counsel for Petitioner :- Pranav Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the petitioners and Sri Pradeep Kumar Singh, learned counsel for the State.

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Instant writ petition has been filed seeking following reliefs:-

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"(i) Issue a writ, order or direction in the nature of Mandamus there by commanding the opposite parties particularly opposite party no. 4 directing them to consider the case of the petitioners for granting them one annual increment on notional basis falls on 01.07.2024 as the petitioners are going to be retired only on 30.06.2024 from their respective posts in the light of the Judgment and order of the Hon'ble Apex Court dated 11.04.2023 in Civil Appeal No. 2471 of 2023, "the Director Administration and H. R., K.P.T.C.L. and others Versus C. P. Mundinamai and others" as contained in Annexure No. 1 to this Writ Petition and fix the pay and pension of the petitioners by adding one notional increment in the interest of Justice."

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Learned counsel for the petitioners submits that interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move representation before the respondent no.4 and he may be directed to consider and decide the same within stipulated period of time as may be fixed by this Court.

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Learned counsel for the State has raised objection that instant petition is premature as the issue of increment will come into effect on 1.7.2025 after completion of one year, which is lacking in the present writ petition.

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Be that as it may and without entering into the merits of the case, the petitioner is given liberty to move representation before the respondent no.4 within a period of two weeks and if such representation is moved, the respondent no.4 is directed to consider and decide the same within period of eight weeks

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considering the objection raised by the learned counsel for the State.

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With the aforesaid observations, the writ petition is disposed of.

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Order Date :- 15.5.2024 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Amar Dutt Tripathi and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Lko and 3 Others

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Amar Dutt Tripathi and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Lko and 3 Others

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