Dhurv Chandra Rai v. State of U.P. Thru. Addl. Chief Secy. Secondary Edu. Deptt. Lko and 3 Others

Court No. - 7 Case :- WRIT - A No. - 9666 of 2023 Petitioner :- Dhurv Chandra Rai Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Edu. Deptt. Lko And 3 Others Counsel for Petitioner :- Surendra Pratap Singh,Rajendra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, and learned Additional Chief Standing Counsel appearing for the respondents no. 1 to 3. No notice need be issued to the respondent no. 4 taking into consideration the nature of order proposed to be passed. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. Instant writ petition has been filed praying for a mandamus commanding the respondents to make payment of arrears of salary w.e.f 01.01.2016 to

31.03.2016 and revise the pay scale according to the 7th Pay Commission's Recommendations. The contention is that the petitioner has retired on attaining the age of superannuation on 31.03.2016 and the recommendations of the 7th Pay Commission have been introduced w.e.f 01.01.2016. However, neither the arrears of pay have been paid nor the pension of the petitioner has been revised. Learned counsel for the petitioner after arguing at some length submits that with regard to the relief sought in the writ petition, the petitioner may be permitted to submit a representation before the respondent No.3 which may be directed to be decided within a fixed time frame to which learned Additional Chief Standing Counsel has no objection. In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before the respondent No.3 then the respondent No.3 shall endevour to decide the same by means of a reasoned and speaking order within a further period of six weeks from the date of receipt of a certified copy of this order along with representation. With the aforesaid direction, writ petition is disposed of. It is made clear that this Court has not gone into the merits of the case. Order Date :- 18.12.2023 Pachhere/- High Court of Judicature at Allahabad, Lucknow Bench