The court affirmed that prior orders regarding pay benefits must be complied with, and the bifurcation of U.P. Jal Nigam does not invalidate existing obligations.

JUDGMENT :

Rajesh Bindal, J.

Special Leave Petition (Civil) No.4900 of 2023 :

1. The present Special Leave Petition has been filed impugning the order¹[Dated 27.02.2020] passed by the High Court²[High Court of Judicature at Allahabad, Lucknow Bench] in the Writ Petition³[Service Bench No.651 of 2014] filed by the Respondent Nos.1 to 45 against the Respondent Nos.46 to 51. The High Court vide Common order dated 27.02.2020 decided the three Writ Petitions⁴[Service Single No.11991 of 2017, Service Bench No.651 of 2014 and Service Single No.154 of 2020], however, the present Special Leave Petition has been filed only against the order passed by the High Court in Service Bench No.651 of 2014.

2. The issue raised by the writ petitioners before the High Court was for the quashing of the certain orders passed by the authorities declining them the benefit of pay revision and consequential retiral benefits from 01.01.2006 and awarding the same from 12.03.2010. The High Court while quashing the order impugned directed the respondents in the writ petition to pay benefits of the Sixth Pay Commission w.e.f. 01.01.2006 as was provided to the State Government employees.

3. The fact remains that the order passed by the Single Bench of the High Court dated 27.02.2020 in the petitions⁵[Service Single No.11991 of 2017], where Uttar Pradesh Jal Nigam was a party, was subject matter of challenge before the Division Bench of the High Court in the Special Appeal⁶[Special Appeal Defective No.276 of 2020], which was dismissed vide order dated 09.11.2020.

4. Still not satisfied with the order passed by the Division Bench of the High Court, Special Leave Petition⁷[S.L.P.(C) No.3311 of 2022] was filed before this Court by State of Uttar Pradesh. The same was disposed by this Court on 20.05.2022. This Court while disposing of the aforesaid Special Leave Petition had directed that the amount be deposited in the GPF Account of the employees concerned within a period of six months from the date of order. On failure, the same shall carry interest @ 6% per annum. In case of the employees, who had retired on attaining the age of superannuation, four months’ time was granted to pay the arrears. On failure, interest was payable @ 6% per annum.

5. It would be out of place if it is not mentioned here that the Review Petition⁸[Review Petition (C) No.1045 of 2022] filed against the aforesaid order was dismissed by this Court vide order dated 20.09.2022.

6. On account of non-compliance of the order dated 20.05.2022, some of the employees filed Contempt Application⁹[Contempt Application (Civil)No.1998 of 2021] before the High Court in which notice was issued to the alleged contemnors. The High Court vide interim order dated 20.12.2022 in the aforesaid Contempt Application directed the respondents therein to comply with the order dated 20.05.2022 passed by this Court. The same was challenged before this Court by filing Special Leave Petition (Civil) Nos.3176-3177 of 2023. Noticing the fact that after this Court passed order on 20.05.2022, subsequent Review Petitions¹⁰[Review Petition (c) Diary No.34631 of 2022 and Review Petition (c) Diary No.34966 of 2022] having been dismissed on 29.11.2022 and 17.01.2023 respectively, the Special Leave Petition was dismissed by this Court on 10.02.2023. Four weeks further time was granted for compliance of the order. The relevant text of the order is extracted below:

“Considering the fact that the directions of which the non-compliance is alleged were issued as far as back in the month of May, 2022 and even, thereafter, the review petitions have been dismissed in the month of November, 2022/January, 2023, it is not open for the U.P. Jal Nigam and/or the State Government to pray for further six months time and come out with a scheme. Once, there are specific directions issued by this Court and the U.P. Jal Nigam/the State Government are directed to make the payment within the stipulated time and subject to modification as per our earlier orde