There are 07 petitioners, who have joined this petition, for seeking following reliefs:-
"i) Issue a writ order or direction in the nature of Mandamus commanding and direct to the respondent authority to consider the claim of petitioner regarding releasing the Revisional Pay Scale on account of 5th Pay Commission which is applicable since 1996."
Writ petition was entertained and following orders were passed on 23.4.2019:-
"Grievance is that though petitioners continued till the year 2013 in the employment, whereafter they superannuated, yet the benefit of 5th Pay Commission Report, which was enforced in respect of employees of the society concerned w.e.f. 1.1.1996, has not been paid to them.
Sri Ravindra Singh appearing for the respondents may obtain instructions.
Post as fresh on 30.4.2019."
Today Sri Ravindra Singh appearing for the respondents has produced before the Court copy of the orders passed in Writ Petition Nos.30171 of 2015, 30160 of 2015, 30172 of 2015, 30173 of 2015, 30174 of 2015 and 30176 of 2015, wherein identical claims raised by all the petitioners was dealt with by this Court vide orders passed on 22.5.2015. Order dated 22.5.2015 passed in Writ Petition No.30171 of 2015 reads as under:-
"Heard Sri B.K. Mishra, learned counsel for the petitioner and Sri Ravindra Singh, learned counsel for the respondents.
The petitioner in this writ petition is seeking a direction to the respondents to pay the Provident Fund Amounting to Rs.2,36,000/- and also the benefit of 5th Pay Commission.
The petitioner has retired from service prior to 2014, therefore as submitted by Sri Ravindra Singh, benefit of 5th Pay Commission is not available to the petitioner.
So far as the payment of Provident Fund amount is concerned, Sri Ravindra Singh submits that this amount has not been paid because the Society has no funds and the funds are allocated by the Cane Commissioner to the Society when the same is recovered from the Sugar Factory.
This writ petition is therefore disposed of with the consent of the learned counsel for the parties with a direction to the respondents no.2, Chairman, State Cane Service Authority/Cane Commissioner, U.P. Lucknow to ensure the payment of Provident Fund amount as may be due to the petitioner within a period of four months from the date a certified copy of this order is received in his office."
Today a supplementary affidavit has been filed by petitioner, in which these orders have also been annexed by the petitioner. It is also stated that pursuant to the order passed by this Court, certain payments have been made but claim of petitioners with regard to 5th Pay Commission benefit has not been extended.
This petition discloses a sorry state of affairs, which is gradually gaining momentum. The fact that petitioners had earlier filed a writ petition in respect of the same cause is deliberately suppressed. It is only when the respondents upon instructions have placed complete facts that a new cause is sought to be added before this Court by submitting that difference of 5th Pay Commission Report has not been paid. This aspect is also covered in the previous adjudication and an order has already been passed in that regard. In case such amount was not paid, the petitioners were expected to have disclosed filing of their earlier writ petition and challenge the subsequent orders passed upon their representation. This, however, has not been done. The tendency on part of the petitioners firstly to suppress facts and then to justify their action calls for condemnation. A liberal attitude by the Courts has often given an impression to the unscrupulous litigants that they would get away with such foul practices. Time has come that Courts must deal with such aberrations with an iron hand.
Writ petition, accordingly, stands dismissed. Petitioners are warned to remain careful in future.
Order Date :- 30.4.2019 Anil