Ram Datta Mishra and 5 Others Vs State of U.P. Thru. Prin. Secy. Agriculture Education Research U.P. Shasan Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Ram Datta Mishra and 5 Others Vs State of U.P. Thru. Prin. Secy. Agriculture Education Research U.P. Shasan Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 2 to consider, within eight weeks, the petitioners' claim for arrears of minimum of regular pay scale for Class-IV post per the 7th Pay Commission w.e.f. 01.01.2016 till regularization, in the light of the Ram Kishor Yadav judgment; merits not examined.

Issue for consideration

Whether the petitioners, who contend they have already been regularized, are entitled to payment of arrears of the minimum of the regular pay scale for Class-IV posts as per the 7th Pay Commission report w.e.f. 01.01.2016 till their respective regularization, after adjusting amounts already paid to them.

Court's answer

With consent of counsel, the writ petition is disposed of with a direction to respondent no. 2 to consider the petitioners' claim for payment of arrears of the minimum of the regular pay scale for Class-IV post as prescribed by the 7th Pay Commission w.e.f. 01.01.2016 till their regularization, in the light of this Court's judgment in Ram Kishor Yadav (supra), to which the contesting respondents raised no objection.

Ratio / Principle

The consideration directed is to be completed within eight weeks from the date of receipt of a certified copy of the order.

Key takeaways

The Court expressly did not go into the merits of the case as set forth by the petitioners; the disposal is confined to directing consideration of the claim.ratio¶12

Detailed headnote1 paragraphs

WRIT - A No. - 2562 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench), decided 5.3.2025 by Hon'ble Abdul Moin, J.: Petitioners led by Ram Datta Mishra (and five others), contending that they had already been regularized, sought a mandamus for payment of arrears of the minimum of the regular pay scale for Class-IV post as per the 7th Pay Commission report w.e.f. 01.01.2016 till their respective regularization, after adjusting amounts already paid, relying on this Court's judgment in Ram Kishor Yadav (Writ-A No. 692 of 2025, decided 21.01.2025). Learned counsel for the contesting respondents raised no objection. The petition was disposed of with a direction to respondent no. 2 to consider the claim in the light of the Ram Kishor Yadav judgment within eight weeks of receipt of a certified copy of the order, it being made clear that the Court had not gone into the merits.

Neutral Citation No. - 2025:AHC-LKO:13413

Court No. - 5 Case :- WRIT - A No. - 2562 of 2025 Petitioner :- Ram Datta Mishra And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. Agriculture Education Research U.P. Shasan Lko. And 2 Others Counsel for Petitioner :- Deep Narayan Tripathi Counsel for Respondent :- C.S.C.,Prashant Kumar Singh

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioners, learned Standing counsel appearing on behalf of the respondent no. 1 and Sri Prashant Kumar Singh, learned counsel appearing on behalf of the respondents no. 2 & 3.

With the consent of learned counsel for the parties, the instant writ petition is being finally decided.

Instant writ petition has been filed praying for a mandamus commanding the respondents to pay arrears of minimum of regular pay scale for ClassIV post as per the 7^{thPay Commission report to the petitioner w.e.f} 01.01.2016 till the date of respective regularization after adjusting the amount already paid to them.

Contention of learned counsel for the petitioners is that all the petitioners have already been regularized.

Further, contention is that this aspect of the matter has already been by this Court in Writ-A No. 692 of 2025 Inre; Ram Kishor Yadav & Anr Vs. State of U.P and Ors decided on 21.01.2025, a copy of which is annexure 12 to the writ petition and it is prayed that respondents be directed to consider the claim of the petitioners in the light of the aforesaid judgment passed in the case of Ram Kishor Yadav (supra).

To the aforesaid prayer, learned counsel appearing on behalf of the contesting respondents have no objection.

Considering the aforesaid, the instant writ petition is disposed of with the direction to the respondent no. 2 to consider the claim of the petitioners for payment of arrears of minimum of regular pay scale for Class-IV post as prescribed by 7th Pay Commission w.e.f 01.01.2016 till the petitioners were regularized in service in the light of the judgment of this Court in the case of Ram Kishor Yadav (supra).

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

It is made clear that this Court has not gone into the merits of the case as set forth by the petitioners.

Order Date :- 5.3.2025 Pachhere/-

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