Court No. - 34
Case :- WRIT - A No. - 5248 of 2021 Petitioner :- Lavkush Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the parties.
This Court noticing the issue which was raised in the writ petition, had passing the following order on 26 July 2021:-
"Petitioner's claim for grant of second promotional pay scale upon completion of 24 years' service prior to 16.08.2003 was directed to be considered by the competent authority. Benefit in that regard although was recommended but ultimately the District Magistrate has denied such relief in view of the fact that a review application no.37499 of 2020 is pending in Special Appeal No.83 of 2001.
Counsel for the petitioner points out that there is no stay order in the pending special appeal, and therefore, mere pendency of review application would not amount to grant of stay. Reliance is also placed upon a recent judgment of Lucknow Bench of this Court in Service Single No.367 of 2015.
Learned counsel further states that in other districts such benefits have been granted but in some of the districts such benefits have arbitrarily been withheld.
Learned Standing Counsel may obtain instructions from the State Government as also the District Magistrate, Mirzapur.
Post as fresh once again on 12.08.2021."
Although instructions have been provided to the learned Standing Counsel, it is submitted that no new facts have been brought to their attention and that the position remains the same namely of the promotional pay scale having been denied solely on the ground of pendency of the review application. In view of the aforesaid, it was submitted that the ends of justice would merit the impugned order being set-aside with liberty being reserved to revaluate the eligibility of the petitioner for grant of the promotional pay scale and if found due and payable, the same may be released subject to the result of the review application which is pending.
Accordingly, the writ petition shall stand allowed. The impugned order dated 17 December 2020 is quashed. The respondents are directed to reevaluate the entitlement of the petitioner to the promotional pay scale within a period of two months from today. In case the respondents find that there is no other legal impediment, the promotional pay scale may be released subject to the result of the pending review application.
Order Date :- 12.8.2021 Rakesh