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2025 DAILYLAW 186072 (ALL)

RAJ BAHADUR SHASTRI v. STATE OF U.P.THRU.PRIN.SECY. SECONDARY EDUCATION and ORS.

WRIA/7684/2021 · 2025-12-04

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 7684 of 2021 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner and learned counsel for the respondents. Present petition has been filed with the following prayers:- "[a] To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26.11.2020 passed by the Opp-party No. 4, the true copy of which is contained as Annexure-1 to the writ petition. [b] To issue a writ, order or direction in the nature of mandamus commanding the Opp-parties to pay the petitioner the salary as was admissible to the post of an Assistant Teacher in L.T. Grade of an Intermediate College w.e.f. 29.08.1990 to 30.06.2012 and as revised from time to time and thereafter to fix the pension of the petitioner on the basis of last pay drawn by the petitioner immediately before attaining the age of superannuation together with interest. [c] To issue a writ, order or direction in the nature of mandamus commanding the Opp-parties to pay the petitioner the arrears of pension in accordance Pay Commission with Versus Counsel for Petitioner(s) : Prafulla Tiwari, Anuj Kumar Mishra, Pankaj Kumar Mishra Counsel for Respondent(s) : C.S.C., Romit Seth, Varsha Sharma Raj Bahadur Shastri .....Petitioner(s) State Of U.P.Thru.Prin.Secy. Secondary Education And Ors. .....Respondent(s) 6th recommendations w.e.f. 01.07.2012 to 31.12.2015 and thereafter also to revise the pension of the petitioner in accordance with 7th Pay Commission Recommendations implemented w.e.f. 01.01.2016 and the Opp-parties be also directed to pay the petitioner the arrears of pension w.e.f. 01.01.2016 in accordance with the 7th Pay Commission Recommendations implemented w.e.f. 01.01.2016 together with interest. "[cc] To issue a writ, order or direction in the nature of mandamus commanding the Opp-parties to grant Selection Grade to the petitioner w.e.f. 03.09.1997 and the Promotional Pay Scale w.e.f. 03.09.2009 in accordance with the Government order dated 20.12.2001. [ccc] To issue a writ, order or direction in the nature of mandamus commanding the Opp-parties to fix the salary and pension of the petitioner after granting Selection Grade w.e.f. 03.09.1997 and the Promotional Pay Scale w.e.f. 03.09.2009 and also to pay the arrears of the same together with 18% interest." [d] To issue any other writ, order or direction which R- 6/1700 this Hon'ble Court deems fit and proper in the circumstances of the case." Learned counsel for the petitioner submits that though the petitioner has been retired on 30.6.2012 but the selection grade and promotional pay scale has not been fixed. He, after argument at length, submits that the interest of justice would be sub- served if this Hon'ble Court is pleased to give liberty to the petitioner to move fresh representation before the respondent no.4 within fifteen days and direct the respondent no.4 to consider and decide the same in accordance with law, within stipulated period of time as may be WRIA No. 7684 of 2021 2 fixed by this Court. Learned counsels for the respondents have no objection to the submission aforesaid. Be that as it may, without entering into merits of the case, the petitioner is given liberty to move fresh representation before the respondent no.4/District Inspector of Schools, Sitapur within fifteen days and in case such representation is moved, the respondent no.4 is directed to consider and decide the same in accordance with law, within further period of eight weeks. With the aforesaid observations, the writ petition is disposed of. December 4, 2025 Ram Murti WRIA No. 7684 of 2021 3 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench