JAI PRAKASH SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) The following question has been referred to be decided by the larger Bench:

(2.) The petitioner, Jai Prakash Sharma and others, approached this Court by means of Writ Petition No.99 (SS) of 2013; Jai Prakash Sharma and Others Vs. State of U.P. and Others, claiming second promotional pay scale of Rs.8000.0013500/- on completion of 24 years of service on the ground that the entitlement of second promotional pay scale on the post of Statistical Assistant had been decided by the Court vide judgment and order dtd. 10/4/2006 passed in Special Appeal No.1011/2005; R.P. Shukla Vs. State of U.P. and another and the Special Leave Petition preferred against the said judgment before the Apex Court had been dismissed. The Court, by means of the order dtd. 22/1/2013, disposed of the writ petition with direction to the State of U.P. through Principal Secretary, Housing & Urban Planning, Lucknow to take appropriate decision in accordance with law. Similar order was passed in Writ Petition No.439(SS) of 2013; Narain Prasad Gupta and Others Vs. State of U.P. and Another on 30/1/2013 and another similar Writ Petition No.896(SS) of 2013; Vijay Singh Tomar Vs. State of U.P. and Another was decided in aforesaid terms by means of order dtd. 20/2/2013.

(3.) In compliance of the aforesaid orders, the representations of the petitioners therein were decided by means of the Office Memorandums dtd. 23/7/2013, 19/8/2013 and 16/8/2013 respectively in reference to the orders passed in the respective writ petitions. Jai Prakash Sharma and Others challenged the orders passed on the representations before this Court in Writ Petition No.4460(SS) of 2013; Jai Prakash Sharma and Others Vs. State of U.P. and Another, which was partly allowed and a writ of certiorari was issued quashing the order dtd. 23/7/2013 with a direction to consider the case of the petitioners for grant of promotional pay scale of Rs.8000.0013500/- with effect from the date the same became due to the petitioners in terms of the Government Order dtd. 02/12/2000 and considering the Division Bench judgment of this Court in the case of R.P. Shukla (Supra). Similarly Narain Prasad Gupta and others challenged the order passed on their representation in Writ Petition No.5469 (SS) of 2013, which was also allowed by means of the order dtd. 28/8/2019 in identical terms as passed in case of Jai Prakash Sharma and Others (Supra). Vijay Singh Tomer also challenged the order passed on his representation in Writ Petition No.5483 (SS) of 2013; Vijay Singh Tomar Vs. State of U.P. and Another, which was also allowed by means of the order dtd. 28/8/2019 in identical terms as passed in the case of Jai Prakash Sharma and Others (Supra).