Court No. - 6
Case :- WRIT - A No. - 8058 of 2021 Petitioner :- Heeramani Dubey And 23 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sushant Misra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
1. In view of the controversy covered by the order of this Court and in view of the grounds taken in the impunged order dated 25.3.2021, no useful purpose would be served in granting further time for filing counter and rejoinder affidavits and keeping the writ petition pending.
2. Heard learned counsel for petitioners and Sri Dinesh Kumar Upadhyay, learned Standing Counsel for State-respondents.
3. Grievance of the petitioners is that they were initially appointed on the post of Collection Amin. On completion of satisfactory service, they were given first promotional pay-scale of Naib Tehsildar and thereafter were provided second promotional pay-scale of Tehsildar but arrears of the same is not provided to him.
4. Submission of learned counsel for petitioners is that on completion of 24 years of satisfactory service in the department, petitioners were entitled for certain benefits like arrears of second promotional pay-scale and A.C.P. including increment etc.
5. He further submitted that Special Appeal No.83 of 2001 (State Vs. Kanhaiya Lal and others) was pending consideration before this Court. His further submission is that at subsequent point of time, the Special Appeal No.83 of 2001 was dismissed vide judgment and order dated 29.08.2014 against which Special Leave to Appeal (C) No.5908/2015 was filed before the Hon'ble Supreme Court, which has also been dismissed vide judgment and order dated 10.04.2015.
6. In the light of said, his submission is that now the ground of impugned order dated 07.11.2014 on which basis, the impugned order has been passed, is not available to the respondents, therefore, the petitioners are entitled for the grant of claim of arrears of second promotional pay- scale, A.C.P. and other benefits admissible to the post.
7. Further submission of learned counsel for petitioners is that although the petitioners have been provided second promotional pay-scale of Tehsildar but arrears of the same has not been released in their favour.
8. Learned counsel appearing for respondents does not dispute that the Special Appeal No. 83 of 2001 has been dismissed and against the said judgment Special Leave to Appeal (C) No.5908/2015 was filed which has also been dismissed vide judgment and order dated 10.04.2015.
9. In view of the above, the reasons assigned in the impugned order dated 25.3.2021 is not sustainable in law and is liable to be set aside.
10. Accordingly, the impugned order dated 25.3.2021 is hereby set aside.
11. The respondents are directed to ensure payment of arrears of the second promotional pay-scale of Tehsildar and A.C.P. as well as other consequential benefits for which the petitioners are entitled.
12. The said exercise shall be completed within a period of two months from the date of production of a certified copy of this order.
13. With the aforesaid directions and observations, the writ petition succeeds and is allowed.
14. Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.
Order Date :- 28.9.2021 vinay