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2025 DAILYLAW 41190 (ALL)

CHANDRASHEKHAR PRASAD GARG v. STATE OF U P AND 3 OTHERS

WRIA/13982/2019 · 2025-08-04

Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131691 Court No. - 38 Case :- WRIT - A No. - 13982 of 2019 Petitioner :- Chandrashekhar Prasad Garg Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Dheeraj Kumar Pandey,J.P. Singh,Rajendra Prasad Tiwari,Smt Alpana Tiwari,Vinay Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. The present writ petition is filed for the following relief:- "1. Issue a writ order or direction in the nature of mandamus directing the concern respondents to give the benefit of 6th pay commission in pay band Rs.30950 in grade pay of Rs.6600 since 01.12.08 till the date of retirement 30.06.15 as differences of the arrears of salary along with interest and pay the pension in pay grade of Rs.6600 by considering the letter dated 19.07.19 along with the papers of arrears of the salary sent by principal of the school as (Annexure No.08) to the writ petition." 2. While pending the writ petition, the petitioner has died and by way of a substitution application Smt. Ruprani W/o Late Chandrashekhar Prasad Garg is substituted in place of the petitioner. 3. The contention of the petitioner is that as per the Government Order dated 19.03.2010, the petitioner is entitled for fixation of his pay grade of Rs.6,600/- but the respondents have not considered and fix his pay and he made a representation/ request on 19.07.2019 and despite his efforts the respondents have not considered and passed any orders. 4. Learned counsel further submitted that in fact an identical issue was considered by this Court in Writ A No.8870 of 2018 (Raj Narayan Pandey Vs. State of U.P. and Others) where the respondents have rejected the claim of the petitioners therein for fixing grade pay of Rs.6,600/- but this Court has set aside the said orders and held that the petitioners therein are entitled for pay fixation for pay grade of Rs.6,600/-, in view of the Government Order dated 19.03.2010. 5. Learned counsel has further submitted that the petitioner herein is also identically situated, hence, he is entitled for pay fixation as per the Government Order dated 19.03.2010. 6. Considering the said circumstances and perusal of the records of the case passed by this Court in (Raj Narayan Pandey Vs. State of U.P. and Others), this writ petition is also disposed of directing the respondents to consider the request made by the petitioner on 19.07.2019 and take appropriate decision and if at all the salary is fixed as per the Government Order dated 19.03.2010, the arrears of salary may be released to the petitioner within a period of two months from the date of a receipt of a copy of this order. Order Date :- 5.8.2025 AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad