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P.C. Tiwari vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 17 October 2022 · Citation: (2022) 10 UK CK 0041

HON’BLE JUDGES
Vipin Sanghi, CJ · R.C. Khulbe, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/B) No. 592 Of 2022
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Judgment

8 paragraphs · 386 words

Vipin Sanghi, CJ

1.

The petitioner has preferred the present writ petition to seek a direction to respondent nos.1 to 3, i.e. State of Uttarakhand, Uttarakhand Cooperative Sugar Factories Federation Limited, and the Kisan Sahkari Chini Mills Limited, Sitarganj, District Udham Singh Nagar, to fix the pay of the petitioner after giving effect to the recommendations of the 7th Pay Commission w.e.f. 01.01.2016, as made admissible for the employees of the Centralized Services of the Sugar Mills of Cooperative as well as the Public Sector. The petitioner also seeks a direction to the respondents to pay to him the arrears of difference in pay for the period 01.01.2016 till the date of superannuation of the petitioner on 31.12.2017, and also to fix his pension and pay the difference in retiral dues calculated on the basis of re-fixation of pay as on 31.12.2017. The petitioner also seeks interest on the arrears of pay and pension payable to him.

2.

The submission of learned counsel for the petitioner is that the present case is squarely covered by the judgment of this Court in Writ Petition (S/B) No.214 of 2022, decided on 01.09.2022.

3.

Mr. T.A. Khan, learned Senior Counsel appearing for the respondent-Sugar Mills, has not disputed the fact that the petitioner is entitled to revision of pay on the basis of the 7th Pay Commission report. Learned counsels for the respondents fairly do not dispute the petitioner’s claim.

4.

In the light of the aforesaid, we do not consider it necessary to call the counter-affidavits in the present case.

5.

Accordingly, the claim is allowed. We direct the respondents to re-fix the petitioner’s pay w.e.f. 01.01.2016, after giving effect to the 7th Pay Commission report, and to pay to him the arrears of pay from 01.01.2016 till the date of petitioner’s retirement on 31.12.2017. On the basis of re-fixation of pay, the petitioner’s pension shall also be re-fixed and arrears of pension shall also be paid to him. The amounts shall be paid within five months from today. In case the amounts are still not paid, the petitioner would be entitled to interest at the rate of 6% per annum from 15.03.2023 onwards on the outstanding dues.

6.

The petition stands disposed of in the aforesaid terms.

7.

In sequel thereto, all pending applications stand disposed of.