Smt. Mamta Gautam Vs Principal Secy.Governor Sectt. Lucknow and Ors. — Allahabad HC (2024) — LawSathi Research

Smt. Mamta Gautam Vs Principal Secy.Governor Sectt. Lucknow and Ors. — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Respondent No.1 (Principal Secretary, Governor Secretariat, Uttar Pradesh, Lucknow) to consider and decide the petitioner's representation dated 20.08.2018 in accordance with law within two months from service of the certified copy of the order; reliefs 1 and 2 were not pressed and no monetary relief was awarded.

Issue for consideration

Whether the impugned order dated 23.05.2017 should be quashed to the extent it provides that the petitioner's appointment is temporary/ad-hoc and fixes her entitlement at Pay Scale Rs.9300-34800 with Grade Pay Rs. 4600/- (Matrix Level 7) — relief Nos. 1 and 2, subsequently not pressed. +1 more

Court's answer

Relief Nos. 1 and 2 of the writ petition (quashing of the impugned order dated 23.05.2017) were not pressed by learned counsel for the petitioner and were therefore not adjudicated on merits.

Ratio / Principle

Without entering into the merits of the case and with the consent of learned counsel for the parties, Respondent No.1, Principal Secretary, Governor Secretariat, Uttar Pradesh, Lucknow, is directed to consider and decide the petitioner's representation (dated 20.08.2018 per ¶11 and ¶13; printed as '20.8.2024' in ¶15) in accordance with law within a period of two months from the date the certified copy of the order is served.

Key takeaways

With the aforesaid direction, the writ petition stands disposed of.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Manish Kumar, J. — WRIT - A No. 36264 of 2019, Smt. Mamta Gautam v. Principal Secretary, Governor Secretariat, Lucknow & Ors., order dated 6.3.2024: Writ petition disposed of. Reliefs 1 and 2, which sought quashing of the order dated 23.05.2017 to the extent it treated the petitioner's appointment as temporary/ad-hoc and fixed her entitlement at Pay Scale Rs.9300-34800 with Grade Pay Rs. 4600/- (Matrix Level 7), were not pressed. With the consent of learned counsel for the parties and without entering into the merits, Respondent No.1 was directed to consider and decide the petitioner's representation dated 20.08.2018 (claiming the pay scale, dearness allowance at Matrix Level 7 and ACP) in accordance with law within two months from service of the certified copy of the order. No statute or precedent was cited; no monetary relief was awarded.

Neutral Citation No. - 2024:AHC-LKO:20455

Court No. - 18

Case :- WRIT - A No. - 36264 of 2019

Petitioner :- Smt. Mamta Gautam Respondent :- Principal Secy.Governor Sectt. Lucknow And Ors.

Counsel for Petitioner :- Raj Kumar Singh,Prashant Kumar Singh Counsel for Respondent :- Abhinav N.Trivedi

Hon'ble Manish Kumar,J.

Heard learned counsel for the parties and perused the record.

Learned counsel for the petitioner has submitted that the petitioner does not want to press the relief Nos. 1 and 2 in the present writ petition, which are quoted hereinbelow:

"i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 23.05.2017 to the extent it provides that the appointment is temporary / ad-hoc.

ii) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 23.05.2017 to the extent it provides that from the date petitioner joins services will be entitled to the Pay Scale of Rs.9300-34800 with Grade Pay Rs. 4600/- including entitlement of dearness allowance payable from time to time and other allowances equivalent to Matrix Level 7."

It is further submitted that the petitioner is entitled for the Basic Pas Scale Rs.9300-34800 including of the dearness allowance payable from time to time equivalent matrix Level 7 and the ACP, for which the petitioner had already made a representation dated 20.08.2018, which is pending before the Respondent No.1 but till date no decision has

been taken.

After arguing at length, learned counsel for the petitioners has confined his prayer only to the extent that a direction may be given to the Respondent No.1 to take decision on the representation of the petitioner dated 20.08.2018.

Learned Standing counsel has no objection to the prayer made by learned counsel for the petitioner.

In view of the above, without entering into merits of the case and with the consent of learned counsel for the parties, Respondent No.1 Principal Secretary, Governor Secretariat, Uttar Pradesh, Luknow is directed to consider and decide the petitioner's representation dated 20.8.2024 in accordance with law within a period of two months from the date certified copy of this order is served.

With the aforesaid, the writ petition stands disposed of.

Order Date :- 6.3.2024 S. Kumar

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