Neutral Citation No. - 2025:AHC:132622 Court No. - 5 Case :- WRIT - A No. - 7713 of 2019 Petitioner :- Kali Shanker Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hanuman Prasad Dube,Vipul Dube Counsel for Respondent :- Ajal Krishna,Baleshwar Chaturvedi,C.S.C.,Vinay Kumar Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri H.P. Dube, learned counsel for petitioner, Sri K.K. Rao as well as Sri Vinay Kumar Singh, Advocates for respondents. 2. Petitioner has approached this Court in the year 2019 that he may be granted Second and Third Time Scale w.e.f. 20.03.1991 and 20.03.1996 respectively and accordingly his retiral benefits be re-fixed. 3. This Court passed following order on 30.04.2025: “Shri K.K. Rao, learned counsel for the respondent no. 2 is present. The petitioner superannuated from service on 30.04.2010. The pension of the petitioner has not been finalized till date and is being paid intermittently. Learned counsel for the petitioner submits that an FIR was lodged against the petitioner in the year 2018. Thereafter, a final report was submitted in the aforesaid criminal case. The final report in favour of the petitioner has been accepted by the trial court. The aforesaid facts have not been considered and the pension of the petitioner has not been determined till date. Besides the petitioner is also entitled to various other service benefits like the second and third time scales which have not been paid. Managing Director, Dakshinanchal Vidyut Vitran Nigam Ltd. shall ensure that the pension of the petitioner is duly fixed as per law and paid as and when it becomes due on a monthly basis. An affidavit shall be filed by the Managing Director, Dakshinanchal Vidyut Vitran Nigam Ltd. on the next date of listing. All the dues of the petitioner under different heads shall be duly computed as per law and shall be part of the counter affidavit in a tabulated form. The status of disbursal shall also be shown in the said tabular chart. List this matter on 22.05.2025 in the top ten cases.” 4. In compliance of aforesaid order, an affidavit of compliance has been filed wherein it is stated that petitioner was granted benefit of Second Time Scale, however, his claim for Third Time Scale was rejected vide Office Memorandum dated 26.06.2025. 5. Learned counsel for petitioner submits that no reason has been assigned in aforesaid Office Memorandum and petitioner has legal basis to challenge it. Learned counsel further submits that there is a dispute with regard to date of payment of Second Time Scale also. 6. Learned counsel for respondents submits that if petitioner wants to challenge Office Memorandum dated 26.06.2025, it may be considered as a fresh cause of action. 7. In aforesaid circumstances, since by Office Memorandum dated 26.06.2025 petitioner’s claim for Third Time Scale was rejected as well as since prayer sought in this writ petition is considered in part, therefore, this writ petition is disposed of with observation that petitioner will have liberty to avail legal remedy by challenging Office Memorandum dated 26.06.2025 as well as any connected grievance, if so advised. Order Date :- 6.8.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad