Awadhesh Kumar Gautam v. State of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Deptt. of Law, Lko. and 2 Others

Court No. - 20 Case :- WRIT - A No. - 8192 of 2023 Petitioner :- Awadhesh Kumar Gautam Respondent :- State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Deptt. Of Law, Lko. And 2 Others Counsel for Petitioner :- Girish Kumar Pande,Prashant Pandey Counsel for Respondent :- C.S.C.,Gaurav Mehrotra Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel for opposite parties 1 and 3 and Mr. Gaurav Mehrotra, learned counsel for opposite party no.2.

¶2Petition has been filed seeking the following relief :- "1. Issue writ order or direction in the nature of mandamus commanding the Opposite Parties to make the payment of salary for suspension period 1.e. 24.04.2003 to

10.10.2006 along with interest and also the salary for the period from 11.10.2006 to

17.03.2008 (after suspension period) along with interest to the petitioner in pursuance to the order dated 16.03.2022 passed in Statutory Appeal No. 6/2007 by the Hon'ble Administrative Judge placed as Annexure No. 5 to the petition. ii. Issue writ order or direction in the nature of mandamus commanding the Opposite Parties to provide Assured Carrier Progression (ACP) of Rs. 4800/- to Rs. 5500/- which falls dues in the year 2011 and 2016 respectively to the petitioner in pursuance to the order dated 16.03.2022 passed in Statutory Appeal No. 6/2007 by the Hon'ble Administrative Judge placed as Annexure No. 5 to the petition. iii. Issue writ order or direction in the nature of mandamus commanding the Opposite Parties for Re-fixation of pension of the petitioner as per Seventh Pay Commission and other consequential benefits to the petitioner in pursuance to the order dated 16.03.2022 passed in Statutory Appeal No.6/2007 by the Hon'ble Administrative Judge placed as Annexure No. 5 to the petition. iv. Issue writ order or direction in the nature of mandamus commanding the Opposite Parties for release of all the increment from the date of accrual along with arrears and interest to the petitioner as applicable till the date of actual payment within the stipulated time as fixed by this Hon'ble Court be also paid to the petitioner. v. Any other writ order or direction which this Hon'ble Court may deem just and proper in circumstances of the case. vi. To allow this petition with costs."

¶3For the said grievance, petitioner has already submitted a representation but seeks liberty to file a fresh representation before the authority concerned. At present, learned counsel for petitioner restricts prayer with regard to final decision on the same.

¶4Since addressing petitioner's grievance would entail factual aspects and considering the innocuous prayer, without entering into merits, liberty is granted to petitioner to file a fresh representation before opposite party no.2 i.e. District Judge, Faizabad who shall consider and decide the same within a period of eight weeks from the date a certified copy of this order is produced before the said authority along with fresh representation.

¶5With aforesaid observations and directions, the petition is finally disposed of. Order Date :- 19.10.2023 kvg/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench