Chinta Haran Tripathi and Another Vs State of U.P. Thru. Prin. Secy. Deptt. Dugdha Vikas, Lko and 2 Others — Allahabad HC (2024) — LawSathi Research

Chinta Haran Tripathi and Another Vs State of U.P. Thru. Prin. Secy. Deptt. Dugdha Vikas, Lko and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with consent of parties: petitioners permitted to submit a representation before respondent No.2 within two weeks; respondent No.2 to decide it by a reasoned and speaking order within eight weeks of receipt of a certified copy of the order along with the representation.

Issue for consideration

Whether the petitioners are entitled to a mandamus commanding the respondents to pay them equal salary, equal pay scale, time scale and other service benefits after completion of 8, 10 & 14 years of satisfactory service, at parity with the employees of the Milk Union, Prayagraj as per the expert committee report dated 14.07.2021.

Court's answer

If the petitioners submit a representation before respondent No.2 within two weeks, respondent No.2 shall endeavour to decide it by means of a reasoned and speaking order within a further period of eight weeks from receipt of a certified copy of this order along with the representation.

Ratio / Principle

This Court has not gone into the merits of the case; the writ petition is disposed of with the aforesaid direction, with the consent of counsel for the contesting parties.

Detailed headnote1 paragraphs

Writ petition (WRIT - A No. 9570 of 2024, High Court of Judicature at Allahabad, Lucknow Bench, Court No. 5) filed by Chinta Haran Tripathi and another against the State of U.P. (Deptt. Dugdha Vikas) and others, seeking a mandamus for payment of equal salary, equal pay scale, time scale and other service benefits after completion of 8, 10 & 14 years of satisfactory service, at parity with employees of the Milk Union, Prayagraj as per the expert committee report dated 14.07.2021. With the consent of learned counsel for the contesting parties, the petition was disposed of without adjudicating the merits: if the petitioners submit a representation before respondent No.2 within two weeks, respondent No.2 is to decide it by a reasoned and speaking order within eight weeks of receipt of a certified copy of the order with the representation. The Court expressly clarified that it had not gone into the merits of the case. Decided by Hon'ble Abdul Moin, J.; Order Date 22.10.2024.

Neutral Citation No. - 2024:AHC-LKO:70779

Court No. - 5

Case :- WRIT - A No. - 9570 of 2024

Petitioner :- Chinta Haran Tripathi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Dugdha Vikas, Lko And 2 Others Counsel for Petitioner :- Amar Nath Dubey Counsel for Respondent :- C.S.C.,Pankaj Patel

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioners, learned Additional Chief Standing Counsel appearing for the respondents no. 1 and 2 and Sri Pankaj Patel, learned counsel appearing for the respondent no.3.

With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

The petitioners are before this Court seeking a mandamus commanding the respondents to pay the equal salary, equal pay scale, time scale and other service benefits after completion of 8, 10 & 14 years of satisfactory service which has already been given to the employees of the Milk Union, Prayagraj as per the report of the expert committee dated 14.07.2021.

Learned counsel for the petitioners after arguing at some length submits that with regard to the relief sought in the writ petition, the petitioners may be permitted to submit a representation before the respondent No.2 which may be directed to be decided within a fixed time frame to which learned Additional Chief Standing Counsel and Sri Pankaj Patel, Advocate have no objection.

In view of the above, it is provided that in case the petitioners submit a representation within two weeks from today before the respondent No.2 then the respondent No.2 shall endevour to decide the same by means of a reasoned and speaking order within a further period of eight weeks from the date of receipt of a certified copy of this order along with representation.

With the aforesaid direction, writ petition is disposed of.

It is made clear that this Court has not gone into the merits of the case.

Order Date :- 22.10.2024 Pachhere/-

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