VAISHALI SAHU AND 32 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE LKO. AND ANOTHER
WRIA/7117/2025 · 2025-07-04
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149446 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149446 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37802 Court No. - 18 Case :- WRIT - A No. - 7117 of 2025 Petitioner :- Vaishali Sahu And 32 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical Health And Family Welfare Lko. And Another Counsel for Petitioner :- Shubham Gupta,Vineet Jaiswal Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners and learned State Counsel for opposite parties.
2. Petition has been filed seeking following reliefs:-
"(i) issue a writ, order or direction in nature of mandamus directing the opposite parties to pay the petitioners salary with grade pay of Rs. 2800/- in accordance with the Government Order dated 19.11.2011, annexed as Annexure No. 1 to the instant writ petition; (ii) issue a writ, order or direction in the nature of mandamus directing the opposite parties to pay the arrears of salary incurred by the petitioners due to the change in their grade pay from Rs. 2000/- to Rs. 2800/- from the inception of their service...."
3. It has been submitted that grant of grade pay of Rs. 2800/- has been denied to petitioners in view of the fact that they have been appointed in service after 01.12.2011. He submits that aforesaid issue has already been decided by this Court in the case of Kamal Deep Nirala and others versus State of U.P. and others, Writ-A No. 20255 of 2021 decided vide judgment and order dated 04.07.2023. It is submitted that petitioners are seeking parity of the said order.
4. For the said grievance, petitioners are said to have submitted their representations but seeks liberty to file a fresh representation before the authority concerned.
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. 2 i.e. Director General, Medical Health & Family Welfare, Swasthya Bhawan, Lucknow who shall consider and decide the same expeditiously within a period of eight weeks from the date a certified copy of this order is produced before the said authority in light of
judgment rendered in the case of Kamal Deep Nirala (supra) in case the same is applicable. Petitioners shall annex copies of the aforesaid judgment alongwith a copy of their representation.
6. With aforesaid directions, petition stands disposed of.
Order Date :- 4.7.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench