Awdhesh Narayan Singh v. State of U.P. Thru. Addl. Chief/Prin. Secy. Medical Health U.P. Lko. and 2 Others

Court No. - 20 Case :- WRIT - A No. - 9460 of 2023 Petitioner :- Awdhesh Narayan Singh Respondent :- State Of U.P. Thru. Addl. Chief/Prin. Secy. Medical Health U.P. Lko. And 2 Others Counsel for Petitioner :- Raj Kumar Upadhyaya (R.K.Upadhyaya),Anurag Srivastava 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 was earlier working with opposite parties. Petitioner superannuated on 30.06.2018 but since the next increment was due on the next date, the benefit of same was denied to him on account of his superannuation a day before.

¶4It has been submitted that aforesaid dispute has already been adjudicated upon by this Court in P.P. Pandey v. State of U.P. and others [Writ Petition No.18375(S/S) of 2020] which has been followed by another coordinate Bench of 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 in Nand Vijay Singh (supra) 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 fresh representation before the appropriate authority with regard to his grievances annexing copies of orders/Judgments indicated herein above.

¶7In case such representation is filed by petitioner, the appropriate authority 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 :- 13.12.2023 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench