Anand Swaroop Sinha and Another v. State of U.P. Thru. Secy. Public Works Deptt. U.P. Lko. and 4 Others

Court No. - 20 Case :- WRIT - A No. - 8419 of 2023 Petitioner :- Anand Swaroop Sinha And Another Respondent :- State Of U.P. Thru. Secy. Public Works Deptt. U.P. Lko. And 4 Others Counsel for Petitioner :- Shivam Sharma Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioners 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 petitioners submits that petitioners who were earlier working with opposite parties superannuated on

30.06.2010 but since the next increment was due on the next date, i.e. 01.07.2010, the benefit of same was denied to them on account of their 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 petitioners would continue.

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

¶7In case such a representation is filed by petitioners, opposite party no.1 i.e. Secretary, Public Works Department, Government of U.P., Civil Secretariat, Lucknow is directed to 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 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench