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2025 DAILYLAW 62985 (ALL)

MUNDADHARI SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/7438/2025 · 2025-08-20

Ajit Kumar

body2025

Judgment text

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Court No. - 4 Case :- WRIT - A No. - 7438 of 2025 Petitioner :- Mundadhari Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lal Chandra Srivastava,Neeraj Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. In compliance of earlier order of this Court, learned Standing Counsel has obtained instructions in the matter and placed the same before this Court, which are taken on record. As per compliance affidavit, petitioner has been paid arrears of pay as per correct pay fixation under relevant rules. Under the order of this Court dated 21st July, 2025 amount has been credited into account of the petitioner. In view of above, therefore, the prayer made for third ACP benefit for the relevant period in the grade pay has stood satisfied. The question now arises as to why such delayed fixation has taken place to which petitioner was entitled to otherwise before. This shows absolutely a very casual approach on the part of the respondent concerned for which petitioner was made to run to the Court, which according to the Court this is a forced litigation. In the circumstances, therefore, petitioner is held entitled to interest @ 6 percent from the date of fixation has been done till actual payment is made. In the event, the amount of payment of interest is not paid as directed hereinbaove within the period of two months, the petitioner shall become entitled to interest @ 12 percent right from the date of expiry of two months period till actual payment is made. It is left open for the State respondent to recover the amount of interest from the concerned erring officials who has caused delay in fixation of salary and conferment of ACP benefit upon petitioner. With the aforesaid observations and direction, this petition stands disposed of. Order Date :- 21.8.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad