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2025 DAILYLAW 132981 (ALL)

RAJAT KUMAR (BHW) AND 117 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE LKO. AND ANOTHER

WRIA/3946/2025 · 2025-04-10

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20318 Court No. - 18 Case :- WRIT - A No. - 3946 of 2025 Petitioner :- Rajat Kumar (Bhw) And 117 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical Health And Family Welfare Lko. And Another Counsel for Petitioner :- Eshita Bhasin,Kamta Prasad Srivastava,Kshitij Mishra,Ramendra Kumar Yadav,Saheb Hussain Khan Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard Ms. Eshita Bhasin, learned counsel for the petitioners and Shri Vikas Singh, learned Standing Counsel for the State. By this petition, the petitioners seek a writ of mandamus directing the opposite party to grant them a grade pay of Rs. 2,800/-, which is already being provided to similarly situated persons appointed on or before 01.12.2011, disregarding the Government Order dated 19.12.2011. Learned counsel for the petitioners submits that in the identical circumstances, Writ Petition No. 20255 of 2021, Kamal Deep Nirala and Another vs. State of U.P. and Another, was allowed vide judgment and order dated 04.07.2023. It is further submitted that the petitioners' cases are squarely covered by the said judgment. It is further submitted that against the order dated 04.07.2023, the State filed a Civil Misc. Review Application (Defective) No. 283 of 2023, which was dismissed vide order dated 01.08.2024. The State further filed a Special Appeal against that order, which is still pending, however, no interim relief has been granted in the said appeal. Learned counsel for the petitioners further contends that the petitioners should be granted the same relief as was extended to the petitioners of Writ Petition No. 20255 of 2021. Learned Standing Counsel does not dispute the facts stated by the petitioners' counsel, but, submits that a Special Appeal is pending. However, he concedes that no interim order has been passed in the said appeal. Considering the above facts and the order dated 04.07.2023 passed in Writ Petition No. 20255 of 2021, Kamal Deep Nirala and Another vs. State of U.P. and Another, this writ petition is allowed. The respondents are directed to grant the petitioners the grade pay of Rs. 2,800/-, as is being provided to similarly situated persons. The arrears shall also be paid to the petitioners within four months from today. The petitioners are directed to provide a copy of this order along with the copy of the judgment and order dated 04.07.2023 passed in the case of Kamal Deep Nirala (supra) to the respondents for compliance of the directions issued by this Court. Order Date :- 10.4.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench