JATA SHANKER MISRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sanjiv Mishra, Advocate on behalf of the petitioner, Sri K.R. Sirohi, Advocate, on behalf of the respondent No. 2, and learned Standing Counsel on behalf of the respondent No. 1.

(2.) The petitioner, Jata Shanker Mishra, was initially appointed as Stenographer (Hindi) in judgeship of Banda in the pay-scale of Rs. 470-735 on 4th February, 1981. The petitioner was confirmed on the post of Stenographer Grade- II in the pay-scale of Rs. 470-735 w.e.f. 1st March, 1986 and thereafter he was absorbed in the pay-scale of Rs. 515-860 w.e.f. 16th December, 1986. While the petitioner was working as Stenographer Grade II in the judgeship of Banda, he moved an application for being transferred from the judgeship at Banda to the judgeship at Allahabad. The application so filed by the petitioner was allowed by the High Court vide order dated 15th April, 1987 on administrative side. As a consequence thereto the petitioner was transferred to the judgeship at Allahabad and the District Judge, Allahabad vide order dated 12th June, 1987 directed that the petitioner will be posted as Stenographer in the pay-scale lastly drawn by him in Judgeship at Banda, however, he will not be entitled to benefit of seniority qua his service at Banda.

(3.) According to the petitioner his salary was fixed in the pay-scale of Rs. 470-735 in place of Pay-scale of Rs. 515-860 and placed at the bottom of the seniority list, against the said order of the District Judge, Allahabad the petitioner filed Civil Misc. Writ Petition No. 14616 of 1988 before this Court. The writ petition was finally disposed of vide judgment and order dated 15th October, 1997. The operative portion of the said judgment and order of the learned Single judge reads as follows: The writ petition is finally disposed of with the direction that the petitioner shall continue to get the same pay as he was getting at Banda with consequential benefits. The District Judge, Allahabad shall ensure payment of the arrears and difference of salary of the petitioner at an early date.