Court No. - 2
Case :- WRIT - A No. - 8758 of 2018 Petitioner :- Radhey Shyam Tyagi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surya Prakash Singh Counsel for Respondent :- C.S.C.,Adarsh Bhushan
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Surya Prakash Singh for the petitioner and Sri Adarsh Bhushan for respondents-2 and 3.
The writ petition has been filed for mandamus directing respodnent-2 to consider the case of the petitioner relating to fixation of pay scale.
The petitioner is alleging that he is getting less salary in comparison to other similarly situated persons in the department. It is admitted that petitioner was terminated from service by order dated 5.7.2003 and thereafter petitioner raised an industrial dispute and ultimately Labour Court allowed the reference filed by the petitioner by award dated 12.4.2013. In the award of Labour Court the termination of the petitioner was found to be illegal. The petitioner was directed to be reinstated in service with 75% back wages. Thus the petitioner cannot claim salary at par with other similarly situated employees.
The writ petition is misconceived and it is dismissed as such.
Order Date :- 28.3.2018 mt