Court No. - 40
Case :- WRIT - A No. - 51325 of 2004 Petitioner :- Rajendra Prasad And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- Abhishek Tripathi,A.Tripathi,Vikash Budhwar Counsel for Respondent :- C.S.C.,A.K. Singh,Atul Mehra
Hon'ble Anil Kumar,J.
Matter is taken in the revised cause list.
Heard Sri Vikash Budhwar, learned counsel for petitioners, learned State counsel and perused the record.
Petitioners are initially appointed in the Varanasi Development Authority, Varanasi on different posts, approached this Court by filing present writ petition with the following main reliefs:-
"(i) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to grant the petitioners the pay scale of Rs. 360-620 revised to Rs. 975-1660 and further Rs. 470-735 revised to Rs. 1200-2040 with effect from 15.02.1990 within a period of 15 days of the production of the order of the Hon'ble High Court.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioners as Calss-III employees and to grant them all consequential benefits attached thereto along with 24% interest per annum.
(iii) Issue a writ, order or direction in the nature of mandamus declaring the order dated 4.03.1997 passed by the respondent No. 2 as null and void. (Anneuxre No. 7 to the writ petition).
(iii)(a) Issue a writ, order or direction in the nature of mandamus commanding the respondents to compute pension of petitioners no. 1,3 and 7 on the basis of last drawn pay on the post of Work Supervisor in the pay scale of Rs. 5200-20200 pay band Rs. 2800/- and recalculate their pension accordingly and release resultant arrears of pension with interest at the rate of 24% per annum."
Learned counsel for petitioners submits that at present he does not want to press relief No. (iii) and wants to press the present writ petition on behalf of petitioners in respect relief Nos. (i0, 9ii0 & (iii)(a).
Learned counsel for petitioners further submits that during the pendency of the present writ petition, some of the petitioners have retired after attaining the age of superannuation. Accordingly, he requests permitted may be permitted to make a fresh representation to Vice Chairman, Varanasi Development Authority, Varanasi for considering their grievance as prayed by him in respect to relief Nos. (i)(ii) & (iii) (a) as mentioned above and that may be decided within a time frame as fixed by this court.
Accordingly, after hearing learned counsel for parties and going through the record, writ petition is disposed of with a direction to the petitioners to move fresh representation individually to Vice Chairman, Varanasi Development Authority, Varanasi within four weeks from today in respect to their grievances which they have raised in the present writ petition annexing all relevant documents and materials in support of their case and after receiving the same Vice Chairman, Varanasi Development Authority, Varanasi shall consider and decided by way of speaking and reasoned order in accordance with law within a further period of ten weeks thereafter.
It is made clear that this Court has nto adjudicated the claim of the petitioners on merit.
Order Date :- 26.2.2019/Ravi/-