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2025 DAILYLAW 150347 (ALL)

KIRAN SINGH AND 43 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 4 OTHERS

WRIA/7343/2025 · 2025-07-09

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38867 Court No. - 18 Case :- WRIT - A No. - 7343 of 2025 Petitioner :- Kiran Singh And 43 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Health And Family Welfare Lko. And 4 Others Counsel for Petitioner :- Chandresh Mani Shukla Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties. 2. Petition has been filed for following reliefs:- " (i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay the grade pay of Rs.2,800/- as is being paid to similarly situated persons appointed on or before 01.12.2011 ignoring the Government Order dated 19.12.2011. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay the arrears of salary from the respective date of appointment of the petitioners in the grade pay of Rs.2,800/-." 3. It has been submitted that a similar controversy has already been adjudicated upon by this Court in Writ A No. 20255 of 2021, Kamal Deep Nirala versus State of U.P. and others by means of judgment and order dated 4th July, 2023. It is submitted that aforesaid judgment has attained finality since no appeal there against has been field till date. It is also submitted that petitioners are similarly situated as the petitioners of the aforesaid writ petition and are therefore entitled for the same benefits. 4. Considering aforesaid submissions by learned counsel for petitioner, liberty is granted to petitioners to file a fresh representation before opposite party No.2 i.e. Director General, Family Welfare, Lucknow with regard to their grievances. The said opposite party shall consider and decide the same in the light of judgment rendered by Co-ordinate Bench of this Court in the case of Kamal Deep Nirala (supra) in case same is applicable. Reasoned decision shall be taken within a period of four weeks from the date a certified copy of this order is submitted before concerned authority along with copy of the aforesaid judgment. 5. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 9.7.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench