Prabhat Kumar Srivastav and 13 Others Vs State of U.P. Thru. Addl. Chief Secy. (Forest). Govt. Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

Prabhat Kumar Srivastav and 13 Others Vs State of U.P. Thru. Addl. Chief Secy. (Forest). Govt. Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief on pay-scale revision or pension re-fixation was granted; the petition was disposed of with liberty to the petitioners to file a fresh representation before respondent no. 2 within two weeks, to be decided within a further four weeks by a reasoned and speaking order.

Issue for consideration

Whether the petitioners are entitled to mandamus directing provision of the revised/upgraded/amended pay scale of Rs. 4000-6000 w.e.f. 01.01.1996, with interest at 18% and all consequential service benefits including salary arrears, pursuant to the judgments in favour of similarly situated employees and Govt. order dated 25.09.2013. +2 more

Ratio / Principle

After counsel for the petitioners, having argued for some time, confined the prayer to submitting a fresh representation, and the learned Standing Counsel raised no objection, the Court directed the petitioner to submit a fresh representation raising his grievances before respondent no. 2 within two weeks.

Key takeaways

If such a representation is submitted, respondent no. 2 shall decide the same within a further period of four weeks by passing a reasoned and speaking order.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench) [Karunesh Singh Pawar, J.] — Writ-A No. 4436 of 2025, order dated 23.4.2025 (Neutral Citation 2025:AHC-LKO:23068). Fourteen petitioners, described as employees/incumbents of the same department as beneficiaries of earlier judgments, prayed for mandamus commanding provision of the revised/upgraded pay scale of Rs. 4000-6000 w.e.f. 01.01.1996 with interest @ 18% and consequential arrears; re-fixation of pension of petitioner nos. 01 to 08 w.e.f. 01.01.1996 instead of 06.11.2003; and decision on pending representations, relying on the judgments/orders dated 12.09.2011, 26.08.2010 and 26.08.2010 in Writ Petition Nos. 1569 (S/B) of 2009, 8466 (S/S) of 2009 and 1060 (S/S) of 2010, Govt. order dated 25.09.2013, and the Apex Court decision in Lt. Col. Suprita Chandel Vs Union of India, Civil Appeal No.1943 of 2022 (decided 09.12.2024). After arguing for some time, learned counsel confined the petition to a prayer for permission to submit a fresh representation to respondent no. 2, to which the learned Standing Counsel had no objection. Disposing of the petition, the Court directed submission of a fresh representation within two weeks and its decision by respondent no. 2 within a further four weeks by a reasoned and speaking order. No substantive finding was made on pay-scale parity, interest, or pension re-fixation.

Neutral Citation No. - 2025:AHC-LKO:23068

Court No. - 18

Case :- WRIT - A No. - 4436 of 2025 Petitioner :- Prabhat Kumar Srivastav And 13 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Forest). Govt. Lko And 2 Others

Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Ankur Yadav,Arjun Singh Yadav,Rama Nand Yadav Counsel for Respondent :- C.S.C.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners and learned Standing counsel for the respondents.

By this petition, the petitioners have prayed for the following relief:-

"Issue a writ order or direction in the nature of mandamus respondents commanding 10 and directing the consider and provide the revised/upgraded/amended pay scale of Rs 4000-6000/- to the petitioners w.e.f 01.01.1996 along with interest @ 18%, with all consequential service benefits including arrears of the differences of salary elc. pursuant to Govt. order dated 25.09.2013, judgment & orders dated 12.09.2011, 26.08.2010 & 26.08.2010 passed in writ petitions bearing no.1569 of 2009 (S/B), 8466 (S/S) of 2009 & 1060 (S/S) of 2010 respectively, filed by similarly situated employees/incumbents of the same department (Contained as Annexure No.4, 1 & 2), also in view of recent judgment of the Hon'ble Apex Court in the case of Lt. Col. Suprita Chandel Vs Union of India- Civil Appeal No.1943 of 2022 decided on 09.12.2024.

ii) Issue a writ, order or direction in the nature of mandamus and commanding directing the respondents to re-determine/re-fix pension of the petitioner nos.01 to 08 after providing the revised/upgraded/amended pay scale of Rs.4000-6000/- to the petitioners w.e.f 01.01.1996 instead of 06.11.2003.

iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to take decision upon the pending representations of the petitioners in light of judgment and order dated 12.09.2011 passed in Writ Petition No.1569 (S/B) of 2009 and Govt.

order dated 25.09.2013 (Annexure No.4)."

After arguing for some time, learned counsel for the petitioner submits that it would suffice if the petitioner is permitted to submit a fresh representation raising his grievances to respondent no. 2, with a direction to decide the same within a stipulated period.

Learned Standing Counsel has no objection to this innocuous prayer.

Considering the above, the petitioner is directed to submit a fresh representation before respondent no. 2 within two weeks from today and in case, such a representation is submitted, the same shall be decided by respondent no. 2 within a further period of four weeks by passing a reasoned and speaking order.

With these observations, the petition stands disposed of.

Order Date :- 23.4.2025 R.C.

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