Radhey Shyam and 19 Others vs State of U.P. Thru. Prin. Secy. Dairy Development Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Radhey Shyam and 19 Others vs State of U.P. Thru. Prin. Secy. Dairy Development Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to respondent no. 3 to consider the petitioners' claim for grant of benefit of the promotional scale on completion of 16 & 18 years of service w.e.f. the date it became admissible, in accordance with law and the relevant rules, within three months from receipt of a certified copy of the order; the impugned rejection order dated 24.02.2025 stands set aside.

Issue for consideration

Whether the petitioners are entitled to the benefit of the promotional pay scale on completion of 16 & 18 years of service, subject to availability of their service records.

Court's answer

With the consent of the contesting parties, the writ petition is disposed of with a direction to respondent no. 3 to consider the claim of the petitioners for grant of the benefit of the promotional scale on completion of 16 & 18 years of service w.e.f. the date the same became admissible, in accordance with law and the relevant rules; such consideration is to be made within three months from the date of receipt of a certified copy of the order.

Ratio / Principle

The order impugned dated 24.02.2025, a copy whereof is annexure 1 to the writ petition, whereby the petitioners' claim had been rejected, stands set aside.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 4, WRIT - A No. 3853 of 2025, decided September 24, 2025 by Hon'ble Abdul Moin, J. — Radhey Shyam and 19 others, whose claim for the benefit of the promotional pay scale on completion of 16 & 18 years of service had been rejected by an order dated 24.02.2025 (annexure 1 to the writ petition), obtained disposal of their writ petition with consent of the contesting parties. Having earlier required counsel for respondents no. 2 & 3 (order dated 27.08.2025) to ascertain whether the petitioners' records were available — upon which counsel reported that records of a few petitioners had been traced and the rest were expected within two weeks — the Court directed respondent no. 3 to consider the claim for grant of the promotional scale w.e.f. the date it became admissible, in accordance with law and the relevant rules, within three months of receipt of a certified copy of the order, and set aside the impugned rejection order.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 3853 of 2025

Radhey Shyam And 19 Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Dairy Development Lko. And 2 Others .....Respondent(s) Counsel for Petitioner(s) : Pradeep Kumar Tripathi Counsel for Respondent(s) : C.S.C., Lalit Shukla, Shanker Lal

Court No. - 4

HON'BLE ABDUL MOIN, J.

Heard learned counsel for the petitioner, Dr. Uday Veer Singh, learned Additional Chief Standing counsel appearing on behalf of the respondent no. 1 and Sri Lalit Shukla, learned counsel for the respondents no. 2 & 3.

With the consent of learned counsels appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

This Court vide order dated 27.08.2025 had required Sri Lalit Shukla, learned counsel for the respondents no. 2 & 3 to seek instructions as to whether the records of the petitioner for the aforesaid period is available so as to entail grant of benefit of the promotional pay scale on completion of 16 & 18 years of service.

Today, Sri Lalit Shukal, learned counsel for the respondents no. 2 & 3 on the basis of instructions states that the records of the few petitioners have been traced out and there is every possibility that the records of the other petitioners would be traced out within the next two weeks.

Considering the aforesaid, the writ petition is disposed of with the direction to the respondent no. 3 to consider the claim of the petitioners for grant of benefit of the promotional scale on completion of 16 & 18 years of service w.e.f the date the same became admissible in accordance with law and the relevant rules.

Let such consideration be made within a period of three months from

WRIA No. 3853 of 2025

2

the date of receipt of a certified copy of this order.

Consequently, the order impugned dated 24.02.2025, a copy of which is annexure 1 to the writ petition whereby the claim of the petitioners had been rejected stands set aside.

(Abdul Moin,J.)

September 24, 2025

Pachhere/-

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