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2025 DAILYLAW 203714 (ALL)

RAJ KUMAR SAHI AND 6 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. FOREST GOVT. OF U.P. LKO AND 2 OTHERS

WRIA/12260/2025 · 2025-10-16

Manish Mathur

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12260 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Rama Nand Yadav, learned counsel for petitioners and learned State counsel for opposite parties. 2. The present petition has been filed seeking the following main 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 pay scale of Rs.4000-6000/-to the petitioners w.e.f. 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 petition no.2974 (S/S) of 2007 and judgment & order passed by Division Bench of This Hon'ble Court in Special Appeal Defective No 540 of 2011 and 51 of 2011 respectively, filed by similarly situated employees/incumbents of the state government's department (Contained as Annexure No.-08, 10, 07 & 09), 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 No.- Versus Counsel for Petitioner(s) : Santosh Kr. Yadav Warsi, Arjun Singh Yadav, Rama Nand Yadav Counsel for Respondent(s) : C.S.C. Raj Kumar Sahi And 6 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Forest Govt. Of U.P. Lko And 2 Others .....Respondent(s) 01 to 07 (Except Petitioner no 05) 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. Since consideration of petitioners' grievance would entail factual aspects, without entering into merits of the case, liberty are 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., Civil Secretariat, Lucknow or any other competent authority. In case such representations are filed, the same shall be decided within a period of eight weeks from the date a certified copy of this order is produced before the said authority. 4. With the aforesaid directions, the writ petition stands disposed of. October 16, 2025 Subodh/- WRIA No. 12260 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench