Court No. - 27 Case :- SERVICE SINGLE No. - 2475 of 2010 Petitioner :- Deepak Kumar And Another Respondent :- State Of U.P. Through Its.Secy.Lok Nirman Vibhag Lucknow Petitioner Counsel :- Sanjay Kumar Singh,Prem Shanker Singh Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
It has been admitted at bar that the present controversy in question has been
settled by this Court. Since, controversy has already been settled by this
court, I proceed to decide the present writ petition finally with the consent of
parties’ counsel.
By means of present writ petition, the petitioners are seeking a writ of
mandamus commanding the State Government to provide the benefit of the
judgment and order dated 13.09.2005 passed by this Hon’ble Court in writ
petition no. 3932 (S/S) of 2004 (Ram Narain Srivastava & others Vs. State of
U.P & others) and other connected matters and to place the petitioners who
are working on the post of Work Agents in U.P Public Works Department in
the pay scale of Rs. 4000-6000 with effect from the date on which the
petitioners have been given the regular appointment on the post of Work
Agent.
The submission of learned counsel for the petitioners is that the petitioners no.
1 to 4 are working on the post of Work Agent in Public Works Department,
Kanpur on the basis of work charge.
Certain employees filed writ petitions before the Lucknow Bench of this
Court i. e. Writ Petition No. 3932 (S/S) of 2004, Ram Narayan Srivastava and
others Versus State of U. P. and others, Writ Petition No. 3931 (S/S) of 2004,
Shiv Bhushan Singh and others Versus State of U. P. and others, Writ Petition
No. 460 (S/S) of 2004, D. N.Shukla and others Versus State of U. P. and
another, Writ Petition No. 3976(S/S) of 1997, Nirmal Singh and others Versus
State of U. P. and another and Writ Petition No. 3650 (S/S) of 2001, Mohd.
Farooq and others Versus State of U. P. and others claiming higher pay scale.
All the writ petitions were connected and vide judgment dated 13th
September, 2005 passed by Hon’ble Single Judge were allowed and the
petitioners holding the post of Work Agent were held to be entitled to draw
the salary of Rs.1200-1800 with effect from the pay scales being implemented
in the State of U. P. and Rs.4000-6000 effect from 1.1.1996 and accordingly
mandamus was issued to the State Government to implement the aforesaid
pay scales in the case of the petitioners of said writ petitions. The petitioner of
the present writ petition being identically situated made a representation
claiming of the said judgment which is still pending. Learned Standing
Counsel urged that the order passed by the Hon’ble Single Judge was set aside
in Special Appeal No. 57 of 2006, filed by the State.
Learned counsel for the petitioners submitted that vide order dated dated
13.04.2009 and 30.04.2009, apex Court in petition (s) for Special Leave to
Appeal (Civil) No (s). 6062 -6065/2009 and 9366 -9369/2009 stayed the
operation of the order passed by Division Bench dated 18.12.2009.
On the strength of the interim order, passed by the apex Court in the above
petitions for leave to special appeal staying the judgment of the special
appeal, learned counsel for the petitioner urged that in the meantime,petitioner
is also entitled to the same benefit which is being extended to the petitioners
of the writ petitions which was allowed vide order dated 13.09.2005 by the
Hon’ble Single Judge. There appears to be force in the submission and in view
of the interim order passed by the apex Court staying the operation of the
judgment of the Division Bench in Special appeals, the petitioners are also
entitled to the same benefit.
In view of the above, subject to the decision by the apex Court in the
aforesaid petition for special leave to appeal, this writ petition also stands
allowed in terms of the judgment and order dated 13.09.2005 passed in Civil
Misc. Writ Petition No. 3932 (S/S) of 2004 and other connected writ petitions.
However, the petitioners will be given their current salary in terms of
judgment and order dated 13.09.2005 passed in Writ Petition No.3932 (S/S)
of 2004 and other connected writ petitions but the arrears as well as other
benefits shall be subject to the final outcome of the Special Leave Petition
(Civil) Nos. 6062-6065/2009 and 9366-9369/2009 pending before the apex
Court.
Order Date :- 22.7.2010
Madhu