State of U.P. Thru. Prin. Secy. Addil. Chief Secy. Deptt. Irrga. Civil Secrt. Lko. and 3 Others v. Devendra Mohan and Another

Court No. - 1 Case :- WRIT - A No. - 6828 of 2023 Petitioner :- State Of U.P. Thru. Prin. Secy. Addil. Chief Secy. Deptt. Irrga. Civil Secrt. Lko. And 3 Others Respondent :- Devendra Mohan And Another Counsel for Petitioner :- C.S.C. Counsel for Respondent :- Apoorva Tewari,Manish Mishra with Case :- WRIT - A No. - 6905 of 2023 Petitioner :- Devendra Mohan Respondent :- State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Deptt. Of Irrigation U.P. Govt. Lko. And Others Counsel for Petitioner :- Apoorva Tewari Counsel for Respondent :- C.S.C.,Manish Mishra Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard Shri V.P. Nag, learned Standing Counsel for State-appellants and Shri Apoorva Tewari along with Shri Sachin Shukla,

learned

counsel

for

respondent No.1/petitioner/Devendra Mohan.

¶2Both these writ petitions filed under Article 226 of the Constitution of India, arising out of common judgement/order dated 08.07.2022 passed by U.P. Public Service Tribunal, Indira Bhawan, Lucknow (hereinafter referred to as "Tribunal") were taken up together. The Tribunal has partly allowed the claim petition holding that the respondent No.1 was entitled to pension and other service benefits in the pay-scale of Rs.67,000/- to Rs.79,000/- paid to him on the date of retirement i.e. 30.06.2011 while holding the post of Engineer-in-Chief in officiating capacity. The benefit of increment falling due on

01.07.2011 was however not granted by the Tribunal for which the respondent has filed the connected writ petition.

¶3The matter was previously heard on 20.09.2023 when a proposal was floated to the parties, as has been recorded in para 3 of the order which is reproduced hereunder:- "3. In the meantime, learned Standing Counsel may seek instructions in the matter specifically on the point as to whether the State Government is ready to consent for payment of arrears of pension provided the respondent No.1 gives up the claim of incremental entitlement w.e.f.

01.07.2011 in the connected Writ-A No.6905 of 2023. "

¶4Shri V.P. Nag, learned Standing Counsel for the State, on the basis of instructions, has submitted that the proposal so made is acceptable to the State without prejudice to any other proceedings which may be pending against the respondent-officer. The respondent-officer, namely, Devendra Mohan, having regard to the instructions placed before us, has also given up his claim of incremental benefit fallen due w.e.f.

01.07.2011. The instructions placed before this Court dated

18.10.2023 are taken on record.

¶5In view of the above, we accordingly, dispose of both the writ petitions with the direction that the pension payable inclusive of arrears to the respondent No.1/Devendra Mohan shall be paid in the pay scale of Rs.67,000/- to Rs.79,000/-.

¶6It is made clear that we have not imposed any restriction upon the consequences ensuing as a result of conclusion of the pending proceedings, if any. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 19.10.2023 Shubhankar High Court of Judicature at Allahabad, Lucknow Bench