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2022 Supreme(All) 529

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANGEETA CHANDRA, J.
Ganga Saran - Petitioner
Versus
State of U.P. and Others - Respondents
Writ - A No. 10961 of 2022
Decided On : 01-08-2022

Advocates Appeared:
For the Petitioner: Mohammad Umar Khan.
For the Respondent: C.S.C.

Point of Law: ACP/Promotional Grade Pay, although his juniors in his batch has already been granted the said benefit in 2018

Headnote:

Employment and Service matter – Fixation of Salary - Seeking direction to respondent no.2 to fix salary of the petitioner in Grade Rs.6600/- since 2019 and pay salary month by month regularly in Grade of as and when the same falls due and also to pay arrears of salary since 2019 with interest till actual payment or directing respondent no.2 to consider claim of petitioner and decide Representation moved by petitioner within stipulated period as fixed by this Hon'ble Court - Direction to opposite party no.2 to consider grievance of petitioner and pass a reasoned and speaking order strictly in accordance with law within a period of eight weeks from date a copy of this order is produced before him.(Para 4)

Finding of the court :

Direction to the opposite party no.2 to consider the grievance of the petitioner and pass a reasoned and speaking order strictly in accordance with law within a period of eight weeks from the date a copy of this order is produced before him.

Result: Petition is disposed of

JUDGMENT :

1. Heard learned counsel for the petitioner.

2. This petition has been filed with the following main prayer:-

    "(i) Issue a writ, order or direction in the nature Mandamus directing the respondent no.2 to fix the salary of the petitioner in Grade Rs.6600/- since 2019 and pay the salary month by month regularly in the Grade of Rs.6600/- as and when the same falls due and also to pay the arrears of the salary since 2019 with interest till the actual payment.

(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to consider the claim of the petitioner and decide the Representation dated 02.06.2022 moved by the petitioner within stipulated period as fixed by this Hon'ble Court."

3. It has been submitted by the learned counsel for the petitioner that the petitioner was inducted as a Constable on 15.03.1982 and he has not been given Third ACP/Promotional Grade Pay, although his juniors in his batch has already been granted the said benefit in 2018. The petitioner has made a representation in this regard on 02.06.2022 to the opposite party no. 2, the same has remained pending till date.

4. This petition is disposed of with a direction to the opposite party no.2 to consider the grievance of the petitioner and pass a reasoned and speaking order strictly in accordance with law within a period of eight weeks from the date a copy of this order is produced before him.

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