Disposed

Harishchandra Gupta and 10 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Irrigation and Water, Lko

Allahabad HC20 Aug 2024WRIA/6449/2024

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad, Lucknow Bench disposed of a writ petition seeking grade parity for employees. The court granted liberty to file a fresh representation and directed the Competent Authority to decide it within six weeks.

What did the court decide?

Liberty granted to prefer fresh representation; Authority directed to decide within six weeks.

Harishchandra Gupta and 10 Others vs State… — Pension and Retirement Benefits | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:56453

¶2

Court No. - 4

¶3

Case :- WRIT - A No. - 6449 of 2024

¶4

Petitioner :- Harishchandra Gupta And 10 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Irrigation And Water, Lko Counsel for Petitioner :- Surya Kant Singh,Shubham Singh Counsel for Respondent :- C.S.C.

¶5

Hon'ble Rajesh Singh Chauhan,J.

¶6

1. Heard Sri Surya Kant Singh, learned counsel for the petitioners and Sri Aditya Dwivedi, learned Standing Counsel for the State.

¶7

2. By means of this writ petition, the petitioners have prayed for the following reliefs:-

¶8

"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.1 to extend the benefit of judgment and order dated 02.08.2021 passed by this Hon'ble Court in the case of Sushil Kumar Gautam &16 others vs. State of U.P. & others passed in Writ-A No.20277 of 2019 and grant the Grade Pay of Rs.1800/- to 1900/- on the post of Mate, in the light of the Government Order dated 07.02.2024 passed by the opposite party No.1, in compliance of aforesaid judgment and order to the petitioners forthwith.

¶9

(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to provide Grade Pay of Rs.1900/- on the post of Mate to the petitioners from the date of appointment on the post of Mate along with all consequential benefits of the services in the light of the judgment of Sushil Kumar Gautam case."

¶10

3. Learned counsel for the petitioners has submitted that the Apex Court in Special Leave Petition (Civil) Diary No.(s). 29834 of 2023 passed an order dated 10.07.2024 disposing of the Special Leave Petition on the statement of learned Additional Solicitor General of India to the effect that a Committee will be constituted to examine equivalence and the parity of Public Works Department with other departments which are similar in nature and final decision will be taken in that regard for identification of equivalence of posts and their functions.

¶11

4. Sri Singh has submitted that since the Competent Authority is to take decision in the light of the aforesaid development, therefore, the liberty may be given to the petitioners to prefer a fresh representation to the Competent Authority and the

¶12

direction may be issued to such authority to take appropriate decision on the representation of the petitioners within a stipulated time.

¶13

5. Learned Standing Counsel has stated that he has no objection if direction is issued to the Competent Authority to consider and decide the representation of the petitioner within a stipulated time.

¶14

6. In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioners to prefer a fresh representation to the opposite party No.1 i.e. the Additional Chief Secretary/ Principal Secretary, Department of Irrigation & Water Resources, Civil Secretariat, U.P., Lucknow taking all pleas and grounds which are available with them annexing therewith copy of their earlier representation, if any, and the relevant documents in support of their claim within a period of ten days from today, and if any such representation is preferred by the petitioners within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioners, strictly in accordance with law by passing a speaking and reasoned order, with expedition preferably within a period of six weeks from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to one the petitioners forthwith.

¶15

7. In view of the aforesaid terms, the instant writ petition is disposed of finally.

¶16

[Rajesh Singh Chauhan,J.]

¶17

Order Date :- 20.8.2024 Suresh/

¶18

Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Harishchandra Gupta and 10 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Irrigation and Water, Lko

Case brief

What is this about?

What did the court decide?

Harishchandra Gupta and 10 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Irrigation and Water, Lko

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dilip Kumar Tiwari and Another Vs State of U.P. Thru. Prin. Secy. Medical and Health Services and Another

Dinesh Kumar and Another Vs State of U.P. Thru. Prin. Secy. Food and Civil Supply Lko. and 4 Others

Shyam Narayan Mishra Vs State of U.P. Thru. Prin. Secy. Medical Health Services Lko and Another

Smt. Chandravati vs State of U.P. Thru. Addl. Chief Secy. Transport Deptt. Lko and 2 Others

Smt. Tripti vs State of U.P. Thru. Prin. Secy. Medical Health and Family Welfare Department, Lucknow and 2 Others

Harishchandra Gupta and 10 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Irrigation and Water, Lko