Umesh Chandra Saxena vs State of U.P.

Hon''ble Devendra Kumar Arora, J.—Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.

By means of present writ petition, the petitioner prays for a writ in the nature of mandamus commanding the opposite parties to place the petitioner in the pay-scale of Rs. 570/- 1100/- from the date of his appointment with all consequential benefits, including arrears of salary.

Submission of learned counsel for the petitioner is that the controversy raised in the instant writ petition has already been settled by this Court by means of judgment & order dated 06.4.2005, passed in Writ Petition No. 2052 (SS) of 1996, Raj Narain Misra vs. The Principal Secretary, Home (Jail) Secretariat, Lucknow and others whereby opposite parties were commanded to place the petitioner in the pay-scale of Rs. 570-1100 from the date of his appointment with all consequential benefits including arrears of salary etc.

It is also submitted by learned counsel for the petitioner that against the said judgment & order bunch of special appeals, the main being Special Appeal No. 1053 of 2005, Principal Secretary, Home (Jail) and two others vs. Raj Narain Misra were filed before Division Bench of this Court which were dismissed vide judgment & order dated 27.8.2010. The operative portion of the said judgment & order reads as under:

In fact, not only in principle but in reality also, the State Government itself having given the status of Accountant and given pay scale to the respondents, though with effect from a later date as against some of their own colleagues, there remains no dispute about their entitlement of the given pay scale, but it ought to have been given with effect from 1.7.1979 as observed earlier.

We do not find any merit in the Special Appeals which are hereby dismissed. The respondents shall be given the benefit of the pay scale with effect from 1.7.1979 instead of 1.1.1986.

We further direct that the respondents having already retired from service, their pay scale shall be re-fixed accordingly and arrears of difference of salary shall also be paid to the respondents expeditiously. The Pensionary benefits shall also be calculated and fixed as per the said fixation of pay scales. This entire exercise shall be done within a maximum period of four months, during which time the payments shall also be made to the respondents.

In light of the aforesaid decision of this Court, the instant writ petition is allowed. It is provided that the petitioner of the present writ petition will also be entitled to get benefit of the aforesaid judgment & order dated 06.4.2005, passed in Writ Petition No. 2052 (SS) of 1996, Raj Narain Misra vs. The Principal Secretary, Home (Jail) Secretariat, Lucknow and others read with judgment & order dated 27.8.2010 passed in Special Appeal No. 1053 of 2005, Principal Secretary, Home (Jail) and two others vs. Raj Narain Misra.