SHAILENDRA KUMAR CHATURVEDI AND 6 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (FOREST), LKO. AND 2 OTHERS
WRIA/7991/2025 · 2025-07-23
Manish Mathur
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 153113 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153113 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42111 Court No. - 18 Case :- WRIT - A No. - 7991 of 2025 Petitioner :- Shailendra Kumar Chaturvedi And 6 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Forest), Lko. And 2 Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Arjun Singh Yadav,Rama Nand Yadav 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 seeking the following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to consider and provide the revised/upgraded/amended to pay scale of w.e.f. Rs.4000-6000/-the petitioners 01.01.1996 along with interest @ 18%, with all consequential service benefits including arrears of the differences of salary etc. pursuant to Govt. order dated 24.10.2009 and 23.04.2025 issued in compliance of
judgment & orders dated 21.08.2008 &03.02.2010 passed in writ petitions bearing no.5902 (S/S) of 2005 and writ no.2974 petition respectively, of (S/S) 2007 situated filed by similarly employees/incumbents of the state government's department (Contained as Annexure No.-07, 08, 09 & 10), 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 commanding and directing the respondents to re-determine/re-fix pension of the petitioners 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 21.08.2008 and 03.02.2010 passed in Writ Petition No.5902 (S/S) of 2005 and writ petition no.2974 (S/S) of 2007 respectively."
3. It has been submitted that earlier the benefit was required to be granted with effect from 1996 but in terms of Government
Order, such benefit was actually granted in the year 2003 by means of Government Order dated 06.11.2003 which was challenged in Writ A No.1569 (SB) 2009; Gopi Charan Kanaujia & Ors. versus State of U.P. & Ors, which was decided by means of judgment and order dated 12.09.2011 due to which
subsequently Government Orders were issued 25.09.2013 but actual benefit has recently been provided to similarly situated persons on 23.04.2025. It is therefore submitted that there is no delay in seeking benefit has been sought by petitioner.
4. Since considering petitioners' grievance would entail factual aspects, liberty is granted to petitioners to file fresh individual representations before opposite party no.2 i.e. Additional Chief Secretary, Department of Finance, Government of U.P., Lucknow who shall consider and decide the same within a period of eight weeks from the date a certified copy of this
order is produced before the said authority along with fresh representation. Keeping the view judgments relied upon by petitioners in case the same are applicable.
5. With aforesaid observations and directions, the petition is finally disposed of.
Order Date :- 23.7.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench