Petitioner challenged rejection of his representation and disentitlement to grade pay. Court noted prima facie force in submissions. No recovery to be effected.
No recovery shall be effected against the petitioners in pursuance of the impugned order.
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Court No. - 3 Case :- WRIT - A No. - 4768 of 2024 Petitioner :- Dwarika Prasad Chaurasiya Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Cane Development Lko. And 2 Others Counsel for Petitioner :- Manish Misra,Bhavini Upadhyay,Gaurav Upadhyay,Sarvesh Kumar Saxena Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
Heard learned counsel for the petitioner and learned State Counsel for opposite parties.
Present petition has been filed seeking challenge to the order dated 02.5.2024 whereby petitioner's representation has been rejected and he has been held disentitled to the grade pay of Rs.5400/- as second ACP and grade pay of Rs.6600/- as third ACP.
It has been submitted that a perusal of the impugned order will make it evident that no role has been assigned to the petitioner in the wrong fixation of the pay scale. He further submits that the petitioner's case is covered by the Judgment or Hon'ble Supreme Court rendered in the case of State of Punjab and Others vs. Rafiq Masih (White washer) and Others [ (2015) 4 SCC 334] .
Prima facie submissions advanced by the learned counsel for the petitioner have force and require consideration for which opposite parties are granted four weeks' time for filing counter affidavit.
List this case on 29.7.2024. Until further orders of this Court it is provided that no recovery shall be effected against the petitioners in pursuance of the impugned order.
Order Date :- 25.6.2024 mks
Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether petitioner is entitled to grade pay as second ACP and grade pay as third ACP.
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State of Punjab and Others vs. Rafiq MasihReferred¶5
State of Punjab and Others vs. Rafiq Masih (White washer) and Others [ (2015) 4 SCC 334] · Who else cites this
Dwarika Prasad Chaurasiya
State Of U.P.
Manish Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
