Anita Kanogiya and 74 Others Vs State of U.P. Thru. Addl. Chief Secy. Medical and Health and 5 Others — Allahabad HC (2025) — LawSathi Research

Anita Kanogiya and 74 Others Vs State of U.P. Thru. Addl. Chief Secy. Medical and Health and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Mandamus: respondents directed to grant the petitioners grade pay of Rs. 2,800/- as provided to similarly situated persons, and to pay the arrears within four months; petitioners directed to provide a copy of this order along with the judgment and order dated 04.07.2023 in the case of Kamal Deep Nirala (supra).

Issue for consideration

Whether the petitioners are entitled to a writ of mandamus directing grant of grade pay of Rs. 2,800/-, already provided to similarly situated persons appointed on or before 01.12.2011, notwithstanding the Government Order dated 19.12.2011. +1 more

Court's answer

The respondents are directed to grant the petitioners the grade pay of Rs. 2,800/-, as is being provided to similarly situated persons.

Ratio / Principle

Taking into account the facts and the order dated 04.07.2023 in Writ Petition No. 20255 of 2021 (Kamal Deep Nirala and Another vs. State of U.P. and Another), this writ petition is allowed.

Key takeaways

The arrears shall also be paid to the petitioners within four months.ratio¶12

Detailed headnote1 paragraphs

Service law / pay parity (WRIT - A No. 3791 of 2025; Neutral Citation 2025:AHC-LKO:19741): Hon'ble Karunesh Singh Pawar, J. (High Court of Judicature at Allahabad, Lucknow Bench) allowed the writ petition of Anita Kanogiya and 74 others seeking a writ of mandamus for grant of grade pay of Rs. 2,800/-, already provided to similarly situated persons appointed on or before 01.12.2011, disregarding the Government Order dated 19.12.2011. Since the claim arose in circumstances identical to Writ Petition No. 20255 of 2021 (Kamal Deep Nirala and Another vs. State of U.P. and Another), allowed vide judgment and order dated 04.07.2023 — whose review (Civil Misc. Review Application (Defective) No. 283 of 2023) was dismissed on 01.08.2024, and against which a Special Appeal remains pending without any interim relief/order — the Court allowed the petition, directed the respondents to grant the grade pay of Rs. 2,800/- and to pay arrears within four months, and required the petitioners to furnish copies of the instant order and the 04.07.2023 judgment.

Neutral Citation No. - 2025:AHC-LKO:19741

Court No. - 18

Case :- WRIT - A No. - 3791 of 2025

Petitioner :- Anita Kanogiya And 74 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical And Health And 5 Others Counsel for Petitioner :- Chandresh Mani Shukla Counsel for Respondent :- C.S.C.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners and Shri S.P. Singh, learned Additional Chief Standing Counsel for the State.

By this petition, the petitioners seek a writ of mandamus directing the opposite party to grant them a grade pay of Rs. 2,800/-, which is already being provided to similarly situated persons appointed on or before 01.12.2011, disregarding the Government Order dated 19.12.2011.

Learned counsel for the petitioners submits that in the identical circumstances, Writ Petition No. 20255 of 2021, Kamal Deep Nirala and Another vs. State of U.P. and Another, was allowed vide judgment and order dated 04.07.2023. It is further submitted that the petitioners' cases are squarely covered by the said judgment. It is further submitted that against the order dated 04.07.2023, the State filed a Civil Misc. Review Application (Defective) No. 283 of 2023, which was dismissed vide order dated 01.08.2024. The State further filed a Special Appeal against that order, which is still pending, however, no interim relief has been granted in the said appeal.

Learned counsel for the petitioners further contends that the petitioners should be granted the same relief as was extended to the petitioners of Writ Petition No. 20255 of 2021.

Learned Additional Chief Standing Counsel does not dispute the facts stated by the petitioners' counsel, but, submits that a Special Appeal is pending. However, he concedes that no interim order has been passed in the said appeal.

Considering the above facts and the order dated 04.07.2023 passed in Writ Petition No. 20255 of 2021, Kamal Deep Nirala and Another vs. State of U.P. and Another, this writ petition is allowed.

The respondents are directed to grant the petitioners the grade pay of Rs. 2,800/-, as is being provided to similarly situated persons. The arrears shall also be paid to the petitioners within four months from today.

The petitioners are directed to provide a copy of this order along with the copy of the judgment and order dated 04.07.2023 passed in the case of Kamal Deep Nirala (supra).

Order Date :- 8.4.2025 Saurabh Yadav/-

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench