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2025 DAILYLAW 195220 (ALL)

BRIJ KISHOR AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. IRRIGATION AND WATER RESOURCES LKO. AND 2 OTHERS

WRIA/12149/2025 · 2025-10-15

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12149 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioners and learned State Counsel for opposite parties. 2. Petition has been filed seeking the following reliefs: "(i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.3 to extend the benefit of judgment and order dated 02/08/2021 passed by Hon'ble Court in case of Sushil Kumar Gautam & 16 Others Vs. State of U.P. & Others passed in Writ-A No.20277 of 2019 and grant the Grade Pay of Rs.1800 to 1900 on the post of Mate, in the light of government order dated 12/03/2025 passed by the opposite party no.1, in compliance of aforesaid judgment to the petitioners forthwith. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to provide Grade Pay of Rs.1900/- on the post of Mate to the petitioners from the date of their eligibility i.e. 16/11/2011 alongwith all consequential benefits of the services in the light of the judgment of Sushil Kumar Gautam case as well as government order dated 12/03/2025." 3. Mrs. Parul Bajpai, learned State counsel has been provided written instructions dated 06.10.2025, a copy of which is taken on record and on that basis submits that subsequently in view of Government Order dated 12.08.2025, the earlier Government Order dated 12.03.2025 has been superseded and petitioner's case now would be only in Versus Counsel for Petitioner(s) : Surya Kant Singh, Shubham Singh Counsel for Respondent(s) : C.S.C. Brij Kishor And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Irrigation And Water Resources Lko. And 2 Others .....Respondent(s) terms of Government Order vide 12.08.2025. It is also submitted that due to passing of the subsequent Government Order, the case law relied upon by petitioner is no longer applicable. 4. Since considering petitioners' grievance would entail factual aspects, liberty are granted to petitioners to file fresh individual representations before opposite party no.1 i.e. Additional Chief Secretary, Department of Irrigation & Water Resources, Civil Secretariat, U.P. Lucknow or any other competent authority 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. 5. With aforesaid observations and directions, the petition is finally disposed of. October 15, 2025 Subodh/- WRIA No. 12149 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench