Banarsi Prasad v. State of U.P. Thru. Chief Civil Sectt. Lko and 2 Others

Court No. - 20 Case :- WRIT - A No. - 8433 of 2023 Petitioner :- Banarsi Prasad Respondent :- State Of U.P. Thru. Chief Civil Sectt. Lko And 2 Others Counsel for Petitioner :- Vishnu Kumar Srivastava,Devendra Kumar Pathak Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel for opposite parties.

¶2Petition has been filed seeking admissibility of one notional increment along with consequential revision of pension and other post-retiral benefits in light of the judgment rendered by this Court as well as by Hon'ble the Supreme Court.

¶3Learned counsel for petitioner submits that petitioner who was earlier working with opposite parties superannuated on

30.06.2011 but since the next increment was due on the next date, i.e. 01.07.2011, the benefit of same was denied to him on account of his superannuation a day before.

¶4It is submitted that aforesaid dispute has already been adjudicated upon by this Court in Nand Vijay Singh and others v. Union of India and others [WRIT - A No. - 13299 of 2020] which was allowed by means of judgment and order dated 29.06.2021. Aforesaid judgment as well as judgment in other connected matters were thereafter challenged before Hon'ble the Supreme Court which upheld the same in The Director(Admn. and H.R.) KPTCL & others v. C.P. Mundinamani & others reported in 2023 LiveLaw (SC) 296[Civil Appeal No.2471 of 2023 @ SLP (C) No.6185/2020] vide judgment and order dated 11.04.2023.

¶5It has been submitted that since the dispute has attained finality by judgment rendered by Hon'ble the Supreme Court only in April, 2023, as such cause of action to petitioner would continue.

¶6In view of aforesaid, liberty is granted to petitioner to file a representation before the appropriate authority with regard to his grievances annexing copies of orders/Judgments indicated herein above.

¶7In case such a representation is filed by petitioner, the authority concerned shall decide the same in light of aforesaid judgments, in case they are applicable. Decision on the representation shall be taken within a period of eight weeks from the date of its submission.

¶8The Writ Petition is disposed of with aforesaid direction. Order Date :- 31.10.2023 kvg/- High Court of Judicature at Allahabad, Lucknow Bench