State of Uttar Pradesh vs Virendra Bahadur Katheria

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 592

SURYA KANT, K. V. VISWANATHAN
State of Uttar Pradesh – Appellant
Versus
Virendra Bahadur Katheria – Respondent

Advocates Appeared:
For the Petitioner(s): Mr. K.M. Nataraj, ASG, Mr. Sharan Dev Singh Thakur, AAG, Ms. Ruchira Goel, AOR, Mr. Siddharth Thakur, Adv., Ms. Indira Bhakar, Adv., Mr. Adit Jayeshbhai Shah, Adv., Mr. Sharanya Sinha, Adv., Mr. Mustafa Sajad, Adv., Ms. Keerti Jaya, Adv., Mr. Sharath Nambiar, Adv., Mr. Vatsal Joshi, Adv., Mr. Vinayak Sharma, Adv., Ms. Indira Bhakar, Adv., Mr. Anuj Udupa, Adv., Mr. Satvia Thakur, Adv., Mr. Chitransh Sharma, Adv., Mr. Yogya Rajpurohit, Adv., Mr. Aayush Saklani, Adv., Mr. Shubham Prakash Mishra, Adv.
For the Respondent(s): Mr. Dushyant Dave, Sr. Adv., Ms. Tanya Agarwal, Adv., Ms. Ayushi, Adv., Mr. Akshat, Adv., Mrs. Shubhangi Tuli, AOR, Mr. Yatish Mohan, Adv., Mr. E. C. Vidya Sagar, AOR.

JUDGMENT :

Surya Kant, J.

Leave granted.

2. This Civil Appeal is directed against the order dated 06.04.2023 passed by a Division Bench of the High Court of Judicature at Allahabad (hereinafter, 'High Court'), whereby an intra-court appeal preferred by the State of Uttar Pradesh (hereinafter, 'State') challenging the Single Judge's judgement dated 02.02.2018 was dismissed on the ground of delay. Consequently, the judgment of the Single Judge, which effectively directed to grant the pay scale of 7500-12000 to Sub-Deputy Inspectors of Schools/ Assistant Basic Shiksha Adhikaris (hereinafter, 'SDI/ABSA') and the Deputy Basic Shiksha Adhikaris (hereinafter, 'DBSA'), with effect from the year 2001, stood affirmed.

3. Since the instant appeal arises out of a long-drawn saga, where multiple rounds of litigation occurred inter-se the parties before various fora, including this Court, it would be appropriate to narrate the factual events before delving into the legal issues raised before us concerning the law of precedents, the doctrine of merger and the principle of res judicata.

FACTS

4. The controversy centers around the alleged discrepancy in the pay scales of SDI/ABSA and DBSA of the Basic Ed

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2024 Supreme(SC) 592

SURYA KANT, K. V. VISWANATHANState of Uttar Pradesh – AppellantVersusVirendra Bahadur Katheria – Respondent

Cases Referred (10)

SURYA KANT, K. V. VISWANATHAN
State of Uttar Pradesh – Appellant
Versus
Virendra Bahadur Katheria – Respondent