Dr. Surya Nairain Tripathi v. State of U.P. Thru. Prin. Secy. (Higher Education) Lko. and 7 Others

Court No. - 7 Case :- WRIT - A No. - 10117 of 2023 Petitioner :- Dr. Surya Nairain Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. (Higher Education) Lko. And 7 Others Counsel for Petitioner :- Roopani Mishra,Manoj Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner and learned Standing Counsel for respondents no. 1 to 6. No notice be issued to respondents no. 7 and 8 taking into consideration the nature of order proposed to be passed. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. The instant writ petition has been filed praying for following main relief: "(i) issue a writ order or direction in the nature of mandamus commanding the opposite parties to direct the opposite parties to revise the pay scale in pursuance of the paragraph 8 of the Government Order dated 26.02.2009 (Annexure No.5) to rectify the anomaly in the pay scale and subsequently the pension of the petitioner and pay the arrears of the pre-and post-retiral benefits as would accrue after revision of the case." After arguing the matter at some length, learned counsel for the petitioner submits that with regard to the reliefs sought in the writ petition, the petitioner may be permitted to submit a fresh representation before the competent authority which may be directed to be decided within a time frame fixed by this Court to which learned Counsel for the respondents 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 competent authority then the competent authority shall endevour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of three months from the date of submission of the representation along with certified copy of this order. With the aforesaid direction, writ petition is disposed of. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner. Order Date :- 22.12.2023 J.K. Dinkar High Court of Judicature at Allahabad, Lucknow Bench