HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13049 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Shireesh Kumar, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite party no.1, Mr. Surya Kant Singh, Advocate, who has filed power on behalf of opposite party no.2, which is taken on record and Mr. K.K. Pandey, learned counsel for opposite party no.3. 2. Present petition under Article 226 of Constitution of India has been filed seeking the following main relief:- "(i) issue a writ order or direction in the nature of mandamus commanding the opposite party no.1 to forthwith issue the order for sanction of third financial upgradation to the petitioner w. e. f. 27.02.2013 in pay band-IV, Rs: 37400- 67000/- grade pay Rs.7600/- along with all the consequential service benefits. (ii) issue a writ order or direction in the nature of mandamus commanding the opposite parties to fix the pay of the petitioner in pay band-IV, Rs. 37400-67000/- grade pay Rs.7600/ w. e. f. 27.02.2013 and release the arrears of salary in favour of the petitioner. (iii) issue a writ order or direction in the nature of mandamus Versus Counsel for Petitioner(s) : Shireesh Kumar, Utkarsh Kumar Counsel for Respondent(s) : C.S.C., Krishna Kumar Pandey, Ratnesh Chandra Rangnath Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Housing Urban Planning Govt. Lko. And 3 Others .....Respondent(s) commanding the opposite parties to revise the pension and all other post retiral benefits of the petitioner on the basis of fixation of his pay in pay band-IV, Rs. 37400-67000/- grade pay Rs 7600/ allowed to him w. e. f. 27.02.2013 and release the arrears in his favour along with interest 12% per annum from the date of accrual up to the date of actual payment." 3. On the earlier occasion on 17.11.2025, this Court had passed the following order:- "1. Heard Sri Shireesh Kumar, learned counsel for the petitioner, Sri Dinesh Pathak, learned Additional Chief Standing Counsel for the State/respondent no. 1, Sri Krishna Kumar Pandey, learned counsel appearing on behalf of the respondent nos. 3 & 4/Lucknow Development Authority and perused the material available on record. 2. By means of the present writ petition, the petitioner has prayed for a writ of mandamus commanding the opposite party no. 1 to issue the order for sanction of third financial up-gradation to the petitioner w.e.f. 27.02.2013 in Pay Band-IV, Rs.37400- 67000/- grade pay Rs.7600/- along with all consequential service benefits. The petitioner has also prayed for revision of pension and all other post retiral benefits of the petitioner on the basis of fixation of his pay in Pay Band-IV. 3. The case of the petitioner is that the recommendation of the petitioner was forwarded to the State Government vide letter dated 28.09.2024 for the grant of the benefit as prayed for in the writ petition but vide communication dated 19.12.2024 issued by the opposite party no. 1, the benefits of the recommendation has not been accorded to the petitioner mainly on the ground that some punishment was awarded to the petitioner way-back on 29.04.2016, although the same was subsequently set aside by the State Service Tribunal vide order dated 04.06.2019, against which, the process for challenging the same in appeal is under consideration. 4. Learned Additional Chief Standing Counsel appearing on behalf of the State prays for and is granted three days' time to seek instruction in the matter. 5. Put up this case in the list of fresh cases on 21.11.2025." 4. In pursuance of aforesaid directions, learned State Counsel has been provided instructions reiterating fact that judgment and order passed by U.P. State Public Services Tribunal dated 04.06.2019 is under process of being challenged. 5. Aforesaid instructions clearly indicate the fact that punishment WRIA No. 13049 of 2025 2 awarded to petitioner vide order dated 29.04.2016 has been quashed by Tribunal vide order dated 04.06.2019 which has not been challenged till date despite passing of more than six years. The aspect of challenge being under process is clearly an attempt to circumvent implementation of judgment and order dated . 04.06.2019. 6. Since admittedly, aforesaid benefits are not being provided to petitioner only on account of the alleged process to challenge the order passed by the Tribunal, this Court does not find any good ground to grant indulgence to opposite parties. 7. In view thereof, opposite party no.1 i.e. Principal Secretary, Department of Housing and Urban Planning U.P., Civil Secretariat, Lucknow is directed to consider grievance of petitioner expeditiously taking into account the quashing of punishment, which was awarded to petitioner, by Tribunal vide judgment and order dated 04.06.2019 as also in terms of recommendations dated 26.09.2024 submitted by Screening Committee, within a period of six weeks from the date a certified copy of this order is served upon authority concerned. 8. With aforesaid direction, the petition stands finally disposed of. . November 28, 2025 kvg/- WRIA No. 13049 of 2025 3 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench