Court No. - 35
Case :- WRIT - A No. - 17614 of 2021 Petitioner :- Om Prakash Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Onkar Nath Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Prakash Padia,J.
On 13.12.2021 following order was passed:- Heard counsel for the parties.
Learned counsel for the petitioner relied upon the judgment passed by the Coordinate Bench of this Court in Writ A No. 1776 of 2021 (Girja Shankar and 3 Others Vs. State of U.P. and 3 Others). It is argued by the counsel for the petitioner that the controversy involved in the present case is absolutely identical as such he is entitled for the same relief.
As prayed by Shri Pranjal Mehrotra, learned counsel appearing on behalf of contesting respondent, three days' time is granted to seek instructions only to the effect that whether this petition is covered by the aforesaid judgment or not.
Put up as fresh on 17.12.2021."
Today when the matter was taken up it is informed by counsel for the respondent-Jal Nigam that the respondents have no objection if in case similar order is passed in the present case also as has been passed in the case of Girja Shankar and 34 others Vs. State of U.P. and 3 others in Writ A No.1776 of 2021 decided on 19.02.2021. The order reads as follows :-
"Petitioners, who are 35 in number, are retired employees of U.P. Jal Nigam or their widow, who are claiming benefit of 6th pay commission report, which has been introduced in the respondent Corporation w.e.f. 1.1.2006. It is contended that on account of denial of benefits of 6th pay commission report huge amount remains withheld, although petitioners' entitlement is not in issue and their pension etc. has also not been correctly fixed. Attention of the Court has been invited to a judgment of the Lucknow Bench of this Court in Service Single No.11991 of 2017 (Kamlesh Srivastava and 5 others Vs. State of U.P. and 3 others), decided on 27.2.2020. A Special Appeal Defective No.276 of 2020 filed against such order has also been rejected on 9.11.2020.
While entertaining the writ petition, following orders were passed on 5.2.2021:-
"Controversy raised in the present matter has already been answered by a Division Bench of this Court in Special Appeal Defective No. 276 of 2020 while affirming the judgment of learned Single Judge, dated 27.2.2020 in writ petition Service Single No. 11991 of 2017.
Sri S.K. Pandey, learned counsel for the respondent may obtain instructions in the matter.
Put up on 19.2.2021 as fresh, showing the name of Sri Sanjeev Kumar Pandey as counsel for the respondent."
Sri S.K. Pandey, appearing for the Corporation does not dispute the petitioners' entitlement, but submits that on account of lack of funds it has not been possible for the Corporation to pay monetary benefits to the petitioners.
It is not in issue that the benefit of 6th pay commission report has been implemented for the employees of U.P. Jal Nigam w.e.f. 1.1.2006. Once that be the admitted situation, it would not be open for the Corporation to selectively restrict benefit of such higher pay scale to some and to deny it to the others.
Writ petition, therefore, succeeds and is allowed. A mandamus is issued to the respondents to release the arrears of 6th pay commission report w.e.f. 1.1.2006 till the petitioners remained in service and also to re-determine their pension etc. as per the revised pay scale. A further direction is issued to the respondents to release arrears of pension also and to pay the revised pension, as per their entitlement.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order."
Since controversy involved in the present case is absolutely identical, the present writ petition is allowed. A mandamus is issued to the respondents to release the arrears of 6th pay commission report w.e.f. 1.1.2006 till the petitioners remained in service and also to re-determine their pension etc. as per the revised pay scale. A further direction is issued to the respondents to release arrears of pension also and to pay the revised pension, as per their entitlement.
The aforesaid exercise will be completed within six weeks from today. The counsel for the respondent-Jal Nigam will inform the authority concerned regarding this order.
Order Date :- 17.12.2021 Pramod Tripathi Digitally signed by Justice Prakash Padia Date: 2021.12.20 12:55:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad