Court No. - 28
Case :- WRIT - A No. - 34388 of 2016 Petitioner :- Jai Mukund And 32 Ors.
Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Amar Nath Pandey,Sri Ashok Khare Counsel for Respondent :- C.S.C.,Shivnath Singh
Hon'ble Siddharth,J.
Heard Shri Amar Nath Pandey, learned counsel for the petitioners and Shri Shivnath Singh, learned counsel for the respondents.
The petitioner earlier approached this Court by way of Writ-A No.215 of 2000 praying for payment of revised pay scale w.e.f. 01.01.1986 to 01.01.1996. This Court vide order dated 01.4.2016 directed to the Managing Director, U.P. Handloom Corporation Limited, Kanpur Nagar to examine the claim of the petitioners for payment of revised pay scale admissible to similarly placed employees of the Corporation by following relevant part of the order thereof as follows:
"So far as petitioner's claim with regard to payment of salary in revised pay scale w.e.f. 1.1.1986 and 1.1.1996 are concerned, it is apparent that though such claim has been raised but the respondent corporation has not yet taken any decision in the matter. As the petitioners have worked till 8.4.2006, they would be entitled to all service benefit, which were extended to similarly placed employees of the Corporation and no discrimination could be allowed to be made qua them.
In such circumstances, this writ petition stands disposed of with a direction upon the Managing Director of the Corporation i.e. Respondent no. 3 to examine the claim of petitioners for payment of revised pay scale admissible to similarly placed employees of the Corporation w.e.f. 1.1.1986 and 1.1.1996, and to pass appropriate reasoned order, in this regard, within a period of 3 months from the date of presentation of certified copy of this order. Petitioner shall be entitled to all consequential benefits accordingly"
By the impugned order dated 30.6.2016, the Managing Director aforesaid has decided the claim of the petitioners on the basis of the settlement dated 10.02.1987, when the petitioners rely upon on the settlement/compromise dated 04.5.2002, wherein it has been provided in Clause 4 that the employees whose writ petitions are pending before the Hon'ble High Court, their claim for arrears of salary etc., shall be considered after the decision of the writ petition. The learned counsel for the petitioners has pointed out that this writ petition was pending since the year 2000 and has only been decided on 01.4.2016 and therefore, their claim requires to be considered, which has not been done by the Managing Director of the Corporation.
The impugned order dated 30.06.2016 passed by the Managing Director of Corporation is hereby quashed. This writ petition is allowed to the extent above granting liberty to the petitioners to make a fresh representation annexing therewith all the relevant documents on which his claim is based. The Managing Director of the Corporation shall pass a reasoned and speaking order within two months from the date of production of certified copy of this order.
Order Date :- 29.3.2018 Ruchi Agrahari