RAVINDRA NATH SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Ms. Renu Mishra, learned counsel for the petitioner and the learned Standing Counsel for the opposite parties. The petitioner being aggrieved by the order dated 01. 05. 2003 passed by the State Public Services Tribunal, Lucknow in Contempt Petition No. 276 of 2001 has filed the instant writ petition. It is admitted case of the parties that against the judgment and order dated 15. 11. 2000 passed by the State Public Services Tribunal, Lucknow In Claim Petition No. 1783 of 1998 no writ petition has been filed by the State of U. P. before this Court. By the judgment and order dated 15. 11. 2000 a direction was issued by the State Public Services Tribunal to the opposite parties to consider the case of the petitioner for regularization on the post of Photographer Grade I and Grade II. In compliance of the said judgment and order the opposite parties have considered the case of the petitioner for regularization on the post of Photographer Grade II. The grievance of the petitioner is that the other consequential benefits after regularization which are permissible under rules have not been provided to the petitioner. The grievance appears to be genuine as a direction was also issued by the State Public Services Tribunal to the opposite parties to give the petitioner the pay scale attached to the post of Photographer Group I w. e. f. the date he is working along with all service benefit which are permissible to him under rules. The petitioner has alleged that under rules he is entitled for time bound pay scale after completing the services of 8 years, 14 years, 19 years and 24 years. The opposite parties have not provided the time scale to the petitioner for which he is legally entitled in accordance with the judgment and order dated 15. 11. 2000 passed by the State Public Services Tribunal. The impugned judgment and order dated 01. 05. 2003 passed by the State Public Services Tribunal in contempt petition is legally not sustainable. In the result, the writ petition succeeds and is hereby allowed. The judgment and order dated 01. 05. 2003 passed by the State Public Services Tribunal is hereby set aside and a writ in the nature of mandamus is issued directing the opposite parties to give the time bound pay scale to the petitioner after completing the service of 8 years, 14 years, 19 years and 24 years of the post of Photographer Group I. .