Sunil Kumar Vs State of U.P. Thru. Secy. Forst Deptt. and Antoher — Allahabad HC (2024) — LawSathi Research

Sunil Kumar Vs State of U.P. Thru. Secy. Forst Deptt. and Antoher — 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 10.08.2024 in accordance with law, keeping in view the judgment and order dated 17.11.2018 passed in Writ A No. 11964 of 2018 (Mohan Swaroop), within a period of two months from the date of production of certified copy of the order; no adjudication on merits.

Issue for consideration

Whether respondent no. 2 (Deputy Director, Dudhwa Tiger Reserve, Pallia Kala, Lakhimpur Kheri) may be directed to consider and decide the petitioner's representation dated 10.08.2024 seeking minimum of pay scale of Rs. 18,000/- as per 7th Pay Commission with arrears since March, 2018.

Court's answer

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 10.08.2024 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.

Detailed headnote1 paragraphs

Writ Petition (WRIT - A No. 7558 of 2024) disposed of by the High Court of Judicature at Allahabad, Lucknow Bench (Rajesh Singh Chauhan, J.) on 9.9.2024. Petitioner, a Class-IV employee appointed in October 2012, sought a direction to respondent no. 2 (Deputy Director, Dudhwa Tiger Reserve, Pallia Kala, Lakhimpur Kheri) to grant minimum of pay-scale of Rs. 18,000/- as per 7th Pay Commission with arrears since March, 2018 in terms of the judgment dated 17.11.2018 in Mohan Swaroop (Writ A No. 11964 of 2018) and to decide his representation dated 10.08.2024. Counsel confined the prayer to a direction to decide the representation. Without entering into the merits, the Court directed respondent no. 2 to consider and decide the representation dated 10.08.2024 in accordance with law, keeping in view the Mohan Swaroop judgment, within two months from production of certified copy of the order.

Neutral Citation No. - 2024:AHC-LKO:61997

Court No. - 4

Case :- WRIT - A No. - 7558 of 2024

Petitioner :- Sunil Kumar Respondent :- State Of U.P. Thru. Secy. Forst Deptt. And Antoher Counsel for Petitioner :- Tushar Bhushan Counsel for Respondent :- C.S.C.

Hon'ble Rajesh Singh Chauhan,J.

Heard Shri Tushar Bhushan, learned counsel for the petitioner and Shri Amarnath Singh Baghel, learned Standing Counsel for the State respondents.

The present writ petition has been filed for issuing a direction to the respondent no.2- 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) and with further prayer to consider and decide the representation dated 10.08.2024.

Learned counsel for the petitioner has submitted that the petitioner was initially appointed on the post of Class-IV post in October, 2012 and he has continuously been functioning on the said post. After coming of 7th Pay Commission, the petitioner has made representation dated 05.08.2024 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 10.08.2024 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 :- 9.9.2024 Shravan

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