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2025 DAILYLAW 135619 (ALL)

PRABHAT KUMAR SRIVASTAV AND 13 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (FOREST). GOVT. LKO AND 2 OTHERS

WRIA/4436/2025 · 2025-04-23

Karunesh Singh Pawar

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23068 Court No. - 18 Case :- WRIT - A No. - 4436 of 2025 Petitioner :- Prabhat Kumar Srivastav And 13 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Forest). Govt. Lko And 2 Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Ankur Yadav,Arjun Singh Yadav,Rama Nand Yadav Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners and learned Standing counsel for the respondents. By this petition, the petitioners have prayed for the following relief:- "Issue a writ order or direction in the nature of mandamus respondents commanding 10 and directing the consider and provide the revised/upgraded/amended pay scale of Rs 4000-6000/- to the petitioners w.e.f 01.01.1996 along with interest @ 18%, with all consequential service benefits including arrears of the differences of salary elc. pursuant to Govt. order dated 25.09.2013, judgment & orders dated 12.09.2011, 26.08.2010 & 26.08.2010 passed in writ petitions bearing no.1569 of 2009 (S/B), 8466 (S/S) of 2009 & 1060 (S/S) of 2010 respectively, filed by similarly situated employees/incumbents of the same department (Contained as Annexure No.4, 1 & 2), also in view of recent judgment of the Hon'ble Apex Court in the case of Lt. Col. Suprita Chandel Vs Union of India- Civil Appeal No.1943 of 2022 decided on 09.12.2024. ii) Issue a writ, order or direction in the nature of mandamus and commanding directing the respondents to re-determine/re-fix pension of the petitioner nos.01 to 08 after providing the revised/upgraded/amended pay scale of Rs.4000-6000/- to the petitioners w.e.f 01.01.1996 instead of 06.11.2003. iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to take decision upon the pending representations of the petitioners in light of judgment and order dated 12.09.2011 passed in Writ Petition No.1569 (S/B) of 2009 and Govt. order dated 25.09.2013 (Annexure No.4)." After arguing for some time, learned counsel for the petitioner submits that it would suffice if the petitioner is permitted to submit a fresh representation raising his grievances to respondent no. 2, with a direction to decide the same within a stipulated period. Learned Standing Counsel has no objection to this innocuous prayer. Considering the above, the petitioner is directed to submit a fresh representation before respondent no. 2 within two weeks from today and in case, such a representation is submitted, the same shall be decided by respondent no. 2 within a further period of four weeks by passing a reasoned and speaking order. With these observations, the petition stands disposed of. Order Date :- 23.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench