Court No. - 33
Case :- WRIT - A No. - 11952 of 2021 Petitioner :- Vijay Nath Respondent :- Commissioner Of Trade And 3 Others Counsel for Petitioner :- K.K.Rao,Pradeep Kumar Srinette Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has earlier approached this Court by filing Writ Petition No. 6874 of 2020, which came to be disposed of vide following orders passed on 03.09.2020:-
"The petitioner has preferred the present writ petition inter-alia with the following prayers:-
"(i) Issue a writ, order or direction in the nature of Mandamus, commanding the respondents to grant the benefit that have been accrued under the Assured Career Progression Scheme and also give the petitioner the benefit of Selection Grade Pay and Promotional Pay-Scale from the date the same was provided to his juniors along with arrears of salary thereof with 18% interest per annum calculable from 2010 till actual date.
(ii) Issue a Writ, order or direction in the nature of MANDAMUS, commanding the respondents to revise/fix the pension after giving the benefit of next pay upgradation under the Assured Career Progression scheme after completion of 23 years of service."
It is argued that raising his grievances, the petitioner has already made large number of representations before the authorities but since no decision has been taken on the same. Hence, the petitioner has preferred the present writ petition.
Heard counsel for the parties.
With the consent of learned counsel for the parties, the present writ petition is disposed of finally, permitting the petitioner to submit a fresh representation ventilating all his grievances before the respondent no. 3/Joint Commissioner (Executive), Department of Commercial Tax, Lucknow, U.P. along with self attested computer generated copy of this order downdoaded from the official website of High Court Allahabad within a period of three weeks' from today. If such representation is made, respondent no. 3 will pass appropriate order on the same, expeditiously and preferably within a period of three months from the date of presentation of such representation."
The claim of the petitioner has been examined by the concerned authority vide order dated 01.01.2021.
Perusal of the record would go to show that petitioner was appointed in 1997 on the post of Junior Clerk and his services were also confirmed. However, on account of certain criminal proceedings initiated against the petitioner promotional benefits were denied to him. Ultimately the petitioner has been acquitted in Case Crime No. 116 of 2001 in the year 2019 wher eafter this Court directed petitioner's claim to be redetermined. The concerned authority while passing the order dated 01.01.2021 has granted notional promotion to petitioner and all benefits are directed to be counted for determination of petitioner's retiral benefits. However, arrears of the promotional pay scale has been denied on the ground that petitioner actually not has not worked for such period on the promotional post.
The order impugned dated 01.01.2021 restricting the benefit of ACP and other promotional benefits notionally to petitioner is not under challenge. No mandamus, therefore, is required to be issued contrary to the order dated 01.01.2021 for releasing the arrears of promotional pay scale particularly as the order otherwise is in accordance with the settled principles of law.
Writ petition is, accordingly, dismissed.
Order Date :- 29.10.2021 Abhishek Singh