Suresh Chandra and 33 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Dairy Development, Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

Suresh Chandra and 33 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Dairy Development, Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to petitioners to file fresh individual representations before opposite party no.3 (Managing Director, Pradeshik Co-operative Dairy Federation Ltd., Lucknow), who shall consider and decide the same in the light of the judgment in Ram Raj Singh (supra), if applicable, within eight weeks from production of a certified copy of the order along with the fresh representation.

Issue for consideration

Whether petitioners are entitled to a direction for payment of arrears of difference of leave encashment along with interest in lieu of enhanced fixation of salary. +1 more

Ratio / Principle

Since considering the petitioners' grievance would entail factual aspects, liberty is granted to the petitioners to file fresh individual representations before opposite party no.3, i.e. the Managing Director, Pradeshik Co-operative Dairy Federation Ltd., Lucknow.

Key takeaways

The said authority shall consider and decide the fresh representations in the light of the judgment of this Court rendered in Ram Raj Singh (supra), in case the same is applicable upon the petitioners, within a period of eight weeks from the date a certified copy of this order is produced before the said authority along with the fresh representation.ratio¶9
The certified copy of the order is to be produced before the said authority (opposite party no.3) along with the fresh representation.ratio¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Manish Mathur, J.), WRIT - A No. - 69 of 2024, decided 7.2.2024 (Neutral Citation 2024:AHC-LKO:11236): Writ petition by Suresh Chandra and 33 others seeking (i) payment of arrears of difference of leave encashment with interest in lieu of enhanced fixation of salary, and (ii) grant of special increment and second promotional pay-scale on completion of 19 and 24 years of continuous satisfactory services in pursuance of order dated 13.12.2022. Counsel submitted the controversy had already been determined by this Court vide judgment and order dated 01.03.2023 in Ram Raj Singh and others v. State of U.P. and others (WRIT - A No. - 1556 of 2023), upheld in Special Appeal Defective No.349 of 2023. Holding that consideration of the grievance would entail factual aspects, the Court disposed of the petition granting liberty to file fresh individual representations before opposite party no.3, the Managing Director, Pradeshik Co-operative Dairy Federation Ltd., Lucknow, who was directed to consider and decide them in the light of the Ram Raj Singh judgment, in case applicable to the petitioners, within eight weeks from production of a certified copy of the order along with the fresh representation. Merits were not adjudicated; no monetary relief awarded at this stage.

Neutral Citation No. - 2024:AHC-LKO:11236

Court No. - 17

Case :- WRIT - A No. - 69 of 2024

Petitioner :- Suresh Chandra And 33 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Dairy Development, Lko. And 3 Others Counsel for Petitioner :- Prashant Chandra Counsel for Respondent :- C.S.C.,Pankaj Patel,Shanker Lal

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioners, learned State Counsel appearing on behalf of opposite parties 1 and 4 and Mr. Pankaj Patel learned counsel for opposite parties 2 and 3.

Petition has been filed seeking a direction to concerned authority for payment of arrears of difference of leave encashment along with interest in lieu of enhanced fixation of salary to petitioners. Further prayer for grant of special increment and second promotional pay-scale on completion of 19 and 24 years of continuous satisfactory services in pursuance of order dated 13.12.2022 has also been sought.

Learned counsel for petitioners submits that aforesaid controversy has already been determined by this Court vide judgment and order dated 01.03.2023 passed in WRIT - A No. - 1556 of 2023 ( Ram Raj Singh and others v. State of U.P. and others ) as upheld in Special Appeal Defective No.349 of 2023.

Since considering petitioner's grievance would entail factual aspects, liberty is granted to petitioners to file fresh individual representation before opposite party no.3 i.e. Managing Director, Pradeshik Co-operative Dairy Federation Ltd., Lucknow who shall consider and decide the same in the light of judgment of this Court rendered in Ram Raj Singh (supra), in case the same is applicable upon petitioners, within a period of eight weeks from the date a certified copy of this order is

produced before the said authority along with fresh representation.

Order Date :- 7.2.2024 prabhat

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