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2025 DAILYLAW 84369 (ALL)

YSHODA SINGH v. STATE OF U.P. AND 4 OTHERS

WRIA/11447/2025 · 2025-08-10

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135916 Court No. - 4 Case :- WRIT - A No. - 11447 of 2025 Petitioner :- Yshoda Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gokaran Singh,Ram Sagar Chaudhary Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Gokaran Singh, learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus to command the respondents to pay the amended salary to the petitioner w.e.f. 01.12.2008 till 01.10.2015 along with interest thereupon. Learned Standing Counsel on the contrary questions the maintainability of this petition at the instance of the wife of deceased employee when the deceased employee himself was satisfied with the order dated 31.05.2018, whereby, taking recourse to the provisions contained in the Government Order dated 22.12.2016 and the option applied on 01.01.2016 the deceased employee was given benefit of revised pay fixation w.e.f. 01.12.2008 and the entire arrears were paid to him vide order dated 31.05.2018. Learned counsel for the petitioner stated that even though petitioner was alive at the time of passing of the order dated 31.05.2018 but the payments have come to be made very recently in the year 2020. Having heard learned counsel for the respective parties and having perused the records, I do not find any merit in the pleadings raised by the petitioner before the Court for the reason that petitioner's husband himself opted for the benefit for the revised pay w.e.f. 01.12.2008 under the Government Order dated 22.12.2016 w.e.f. 01.01.2016. The Order dated 31.05.2018 very clearly stipulates the option exercised. It is admitted to the petitioner that petitioner's husband died on 17.07.2019 and he chose not to challenge the order, meaning thereby, he was satisfied with the pay fixation, petitioner may have been given benefit in the year 2020 but that does not entitle her to make a plea that fixation dated 31.05.2018 was in any manner bad. It is further worth noticing that the benefit was conferred in the year 2020, yet she waited for four years and did not approach the Court. Even otherwise the Court is of the view that once the petitioner's husband was given benefit of arrears for the re-fixation given to her husband while he was in service w.e.f. 01.12.2018 to 01.07.2018 no merit lies in the petition to pass further order for any interest upon the paid amount or in any manner any further revision of pay. Petition is devoid of merits and is accordingly dismissed. Order Date :- 11.8.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad