Vidwan Pandey v. State of U.P. and 2 Others

Court No. - 36 Case :- WRIT - A No. - 14857 of 2023 Petitioner :- Vidwan Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Ved Prakash Counsel for Respondent :- CSC,Sanjay Kumar Singh Hon'ble Manjive Shukla,J.

¶1Heard Sri Sanjay Kumar Srivastava, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondent No. 1 as well as Sri Sanjay Kumar Singh, learned counsel appearing for the Respondents No. 2 and 3.

¶2Petitioner through this writ petition has prayed for a direction from this court thereby commanding the respondents to fix the pension of the petitioner by granting benefit of one notional annual increment in the pay with effect from 1.07.2012. Petitioner has further prayed for all consequential benefits after the grant of notional annual increment.

¶3Petitioner after working on the post of Headmaster in Senior Basic School Kasesar, Block Nagara, District Ballia retired from service on 30.06.2012. After retirement of the petitioner, all the retiral dues have been finalized without giving petitioner one notional annual increment with effect from 1.07.2012.

¶4Learned counsel appearing for the petitioner has submitted that since petitioner has completed one year of service from 1.07.2011 to 30.06.2012, therefore, he is entitled for one annual increment which would have been otherwise available with effect from

1.07.2012.

¶5Learned counsel appearing for the petitioner has also invited attention of this court that petitioner has already submitted representation to the District Basic Education Officer, Ballia for redressal of his grievance but till date, decision in petitioner's matter has not been taken.

¶6On the other hand, learned counsel appearing for the Respondents No. 2 and 3 has submitted that petitioner's representation is not available in the office of District Basic Education Officer but if petitioner files a fresh comprehensive representation, then definitely his grievance can be looked into and redressed by the District Basic Education Officer, Ballia.

¶7In view of the aforesaid submissions advanced by learned counsel appearing for the parties, this writ petition is finally disposed of with liberty to the petitioner to file a fresh comprehensive representation raising her grievance before the District Basic Education Officer, Ballia and if such representation is filed, Respondent No. 2 is directed to consider and decide the said representation by passing a speaking and reasoned order within two months from the date of service of certified copy of this order. Order Date :- 3.11.2023 A. Mandhani High Court of Judicature at Allahabad