Dinesh Kumar Vs State of U.P. Thru Secy.Irrigation Deptt.Civil Sectt.and Ors. — Allahabad HC (2024) — LawSathi Research

Dinesh Kumar Vs State of U.P. Thru Secy.Irrigation Deptt.Civil Sectt.and Ors. — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Orders dated 16.11.2017 and 18.12.2017 quashed so far as they pertain to the petitioner; competent authority directed to reconsider the petitioner's claim for the Ziledar pay scale (Rs. 9300-34800 with grade pay Rs. 4200/-) in accordance with law, the relevant rules and relevant Government orders, within eight weeks of receipt of a certified copy of the order.

Issue for consideration

Whether the petitioner is entitled to the pay scale admissible to the post of Ziledar, i.e., Rs. 9300-34800 with grade pay of Rs. 4200/-, in terms of the Government order dated 05.07.2011. +1 more

Court's answer

The competent authority is directed to reconsider the petitioner's claim for grant of the Ziledar pay scale of Rs. 9300-34800 with grade pay of Rs. 4200/- in accordance with law, the relevant rules and the relevant Government orders, within eight weeks of receipt of a certified copy of the order.

Ratio / Principle

Reasons are the soul of an order; where reasons do not emerge from an administrative order, it cannot be said that there has been application of mind by the competent authority in passing it.

Key takeaways

The order dated 16.11.2017, though purporting to have considered the petitioner's claim (and that of similarly circumstanced persons) under the Government order dated 05.07.2011, assigns no reasons for rejecting it, and therefore fails for want of application of mind.ratio¶8
The impugned orders dated 16.11.2017 and 18.12.2017 are quashed so far as they pertain to the petitioner, and the writ petition is partly allowed on that short ground.ratio¶10

Detailed headnote1 paragraphs

WRIT - A No. 1410 of 2018 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 6), decided 1.4.2024 by Hon'ble Abdul Moin, J. Petitioner Dinesh Kumar challenged orders dated 16.11.2017 and 18.12.2017 of the competent authority, State of U.P. (Irrigation Department), whereby he was denied the pay scale admissible to a Ziledar (Rs. 9300-34800 with grade pay of Rs. 4200/-) despite the respondents' claimed consideration of his claim under the Government order dated 05.07.2011. Holding that reasons are the soul of an order and that an administrative order from which no reasons emerge demonstrates absence of application of mind, the Court quashed both orders so far as they pertained to the petitioner and directed reconsideration of his claim in accordance with law, the relevant rules and relevant Government orders within eight weeks. Writ petition partly allowed. No precedent cited; no statute construed.

Neutral Citation No. - 2024:AHC-LKO:26721

Court No. - 6

Case :- WRIT - A No. - 1410 of 2018 Petitioner :- Dinesh Kumar Respondent :- State Of U.P. Thru Secy.Irrigation Deptt.Civil Sectt.And Ors. Counsel for Petitioner :- R.U. Pandey,Alok Pandey,Gyanendra Mishra,Shiv Darshan Shukla

Counsel for Respondent :- C.S.C.

Hon'ble Abdul Moin,J.

Heard.

Instant petition has been filed praying for quashing of the order dated 16.11.2017 so far as it pertains to the petitioner, a copy of which is annexure 1 to the writ petition as well as the order dated 18.12.2017, a copy of which is annexure 2 to the writ petition whereby the petitioner has not been found entitled for being given the pay scale as admissible for Ziledar i.e Rs. 930034800 with grade pay of Rs. 4200/-.

The writ petition deserves to be allowed on the short ground which is that a perusal of the order dated 16.11.2017 indicates that although the respondents claim to have considered the claim of the petitioner and other persons similarly circumstanced for grant of the said pay scale of Ziledar in terms of the Government order dated 05.07.2011 yet no reasons have been assigned as to why the claim of the petitioner has not found to be sustainable.

Needless to mention that reasons are the soul of an order and in case reasons do not emerge from an administrative order consequently, it cannot be said that there has been application of mind on the part of the competent authority while passing the said order.

Considering the aforesaid, the writ petition is partly allowed. The orders impugned dated 16.11.2017 and 18.12.2017, copies of which have been filed as annexures 1 & 2 to the writ petition are quashed so far as it pertains to the petitioner.

The competent authority is required to reconsider the claim of the petitioner for grant of pay scale of Rs. 9300-34800 with grade pay of Rs. 4200/- which is the pay scale of Ziledar in accordance with law and the relevant rules and the relevant Government orders governing the same.

Let such consideration be done within a period of eight weeks from the date of receipt of a certified copy of this order.

Order Date :- 1.4.2024 Pachhere/MS

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