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Sangam Lal Tripathi and Others v. State of U.P. Thru. Prin. Secy. Dairy Development Lko. and 2 Others

Allahabad HC30 May 2024WRIA/4349/2024

Case brief

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What is this about?

This short order disposed of a writ petition seeking payment of remaining salary arrears and service benefits for 19 and 24 years. The court directed respondents to pay the claimed amounts including interest within six months, relying on the precedent Ram Raj Singh case.

What did the court decide?

Respondents directed to pay remaining salary arrears for 19 and 24 years of service with 10% interest within six months.

Sangam Lal Tripathi and Others vs State of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:42594

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Court No. - 3

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Case :- WRIT - A No. - 4349 of 2024

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Petitioner :- Sangam Lal Tripathi And Others Respondent :- State Of U.P. Thru. Prin. Secy. Dairy Development Lko. And 2 Others Counsel for Petitioner :- Nirbhay Kumar Singh,Pradeep Kumar Singh,Rana Pratap Singh Counsel for Respondent :- C.S.C.,Lalit Shukla,Shanker Lal

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Hon'ble Manish Kumar,J.

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Case called out in the revised list.

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Learned Counsel for the petitioners is present whereas Shri Lalit Shukla, learned counsel for the respondent nos. 2 and 3 is neither present nor any request on his behalf has been made for adjournment of the case despite the fact that this Court had fixed this case in the first week of June, 2024 in his presence.

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Present petition has been preferred with the following main prayer:-

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" i) issue a writ order or directions in the nature of Mandamus commanding the opposite party no. 3 to make payment of remaining full amount of arrears of difference of salary of 19/24 years service benefit to the petitioners alongwith 10% interest from the due date to till date of actual payment, because after passing sanctioning orders of aforesaid service benefit in pursuance of the order dated 31.01.2009 and 24.10.2019 (contained as annexure no. 1 and 2) only 12 of total payable amount has been paid and remaining 88 % amount of arrears of difference of salary has not been paid till date to the petitioners."

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Learned Counsel for the petitioners has submitted that the case of the petitioners is squarely covered by the judgment of this Court in the case of Ram Raj Singh and 52 others Vs. State of U.P. and others (Writ Petition No. 922 (S/S) of 2021) . Against the said judgment, special appeal has also been dismissed.

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It is further submitted that the benefit of the judgment in the case of Ram Raj (supra) has consistently been given by this court in several petitions including Writ A No. 7277 of 2023 (Ashok Kumar Gupta and others Vs. State of U.P. and others), judgment and order dated 26.09.2023 (copy of which is annexed as annexure no. 19 to the present petition).

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Considering the fact that the issue stands resolved, the present petition is disposed off directing respondents to make the payments as claimed by the petitioners including the benefit of rendering the services on completion of 19 years and 24 years continuous service along with other benefits to which the petitioners are entitled in accordance with law, within a period of six months. The benefit of interest shall also be extended to the petitioners.

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Order Date :- 6.6.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Sangam Lal Tripathi and Others v. State of U.P. Thru. Prin. Secy. Dairy Development Lko. and 2 Others

Case brief

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Sangam Lal Tripathi and Others v. State of U.P. Thru. Prin. Secy. Dairy Development Lko. and 2 Others

Case brief

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