Court No. 24
Writ Petition No. 8523 (SS) of 2009
Ashok Kumar Tewari and others ... Petitioners
Versus
State of U.P. and others ... Opposite parties
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Hon'ble Rajiv Sharma, J.
Heard Mr. P. D. Tiwari, learned counsel for the petitioners
and Mr. Sanjay Sarin, learned Standing Counsel for the opposite
parties.
The submission of the petitioners’ counsel is that the
petitioners, who are discharging their duties in Ministerial cadre,
are entitled for payment of one month’s extra pay keeping in view
the relevant Government Orders but they are not being paid. In
support of his contention, learned counsel for the petitioners has
relied upon a Division Bench judgment of this Court dated
24.3.1993 followed by the judgment of Hon’ble Supreme Court
dated 17.1.2007 passed in Civil Appeal no. 1926-1928 of 2004, by
which payment payment of one month’s extra pay has been
affirmed.
Since the controversy has already been settled at rest by
Hon’ble Apex Court in Civil Appeal No.1926-1928 of 2004, no
purpose will solve by keeping the writ petition pending. The
petitioners have already submitted a representation to ventilate
their grievance.
Accordingly, without entering into the merits of the case,
the competent authority is directed to look into the matter and
consider the case of the petitioners for payment of one month’s
extra pay keeping in view the relevant Government Orders,
judgment of this Court as well as judgment of Hon’ble Apex Court,
referred here-in-above, in accordance to law by passing a
speaking and reasoned order expeditiously and preferably within a
period of three months from the date of receipt of a certified copy
of this order. Liberty is given to the petitioners to make a fresh
representation alongwith the certified copy of this order.
Subject to above, the writ petition is finally disposed of. No
order as to costs.
Dt.27.1.2010
lakshman/