SHRI NIWAS MISHRA v. UNION OF INDIA MINI. OF RAILWAYS THRU. SECY. NEW DELHI AND 5 OTHERS
/835/2025 · 2025-01-24
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118997 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118997 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4824 Court No. - 6 Case :- WRIT - A No. - 835 of 2025 Petitioner :- Shri Niwas Mishra Respondent :- Union Of India Mini. Of Railways Thru. Secy. New Delhi And 5 Others Counsel for Petitioner :- Dinesh Kumar Shukla Counsel for Respondent :- A.S.G.I. Hon'ble Alok Mathur,J.
1. Heard learned counsel for petitioner and Sri S.B. Pandey, learned Dy. Solicitor General of India assisted by Sri Varun Pandey, learned counsel for respondents.
2. Petition has been filed seeking a direction to opposite parties for grant of notional increment due to petitioners on 1st January, 2025 since he had superannuated on 31st December,
2024. Further prayer for re-fixation of basic pay of petitioners after grant of notional increment and revision of pensionary benefits has also been sought.
3. It has been submitted that petitioners' case is fully covered by
judgment rendered by Hon'ble the Supreme Court in the cases of The Director (Admn. and HR) KPTCL & Ors. versus C.P. Mundinamani & Ors. reported in 2023 Live Law (SC) 296 & Union of India & Anr. versus M. Siddaraj passed in Civil Appeal No. of 2023 @ Special Leave Petition (C) No.4722 of 2021.
4. For the aforesaid grievance, petitioner has already submitted representation but seeks liberty to file a fresh individual representations before concerned authority which it is submitted that may be directed to be decided.
5. Considering innocuous prayer being made by learned counsel for petitioners and without entering into the merits of the case petitioners are granted liberty to file a fresh individual representation before opposite party No. 3 i.e. Executive Director, Pay Commission, Railway Board, Rail Bhawan, New Delhi. In case such a representation is filed, the same shall be considered and decided in the light of judgment rendered by Hon'ble the Supreme Court in the cases of The Director (Admn. and HR) KPTCL & Ors. versus C.P. Mundinamani & Ors. reported in 2023 Live Law (SC) 296 & Union of India & Anr. versus M. Siddaraj passed in Civil Appeal No.
of 2023 @ Special Leave Petition (C) No.4722 of 2021 in case the same are applicable.
6. The decision with regard to same shall be taken within a period of eight weeks from the date a certified copy of this
order is produced before the said authority.
7. With the aforesaid observation, petition stands disposed of. (Alok Mathur, J.)
Order Date :- 24.1.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench