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2025 DAILYLAW 133667 (ALL)

SUDHA RAI AND 133 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. MEDICAL HEALTH AND FAMILY WELFARE, LKO. AND ANOTHER

WRIA/4051/2025 · 2025-04-15

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21219 Court No. - 18 Case :- WRIT - A No. - 4051 of 2025 Petitioner :- Sudha Rai And 133 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Medical Health And Family Welfare, Lko. And Another Counsel for Petitioner :- Ramendra Kumar Yadav,Eshita Bhasin,Kshitij Mishra,Saheb Hussain Khan,Sanjeet Kumar Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard Ms. Eshita Bhasin, learned counsel for the petitioners and Shri Diwakar Singh, learned Additional Chief Standing Counsel for the State. Supplementary affidavit filed by learned counsel for the petitioner is taken on record. By this petition, the petitioners seek a writ of mandamus directing the opposite party to grant them a grade pay of Rs. 2,800/-, in accordance with 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 Additional Chief 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). Order Date :- 15.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench