- (1.) The present special appeal has been filed against the judgment and order dated 10th March, 2010 passed by the learned Single Judge whereby the writ petition preferred by the respondent No. 1 has been disposed of with the following directions: In view of the aforesaid facts and circumstances, this writ petition is being disposed of finally directing the respondent No. 3 to take a decision regarding grant of revised pay scale in pursuance of 6th Pay Commission Report to the petitioner on the basis of direction issued by respondent No. 2 dated 18.1.2010 within a period of six weeks from the date of production of certified copy of the order.
(2.) We have heard Sri J.J. Munir assisted by Sri J.A. Azmi, learned Counsel appearing for appellant, Sri R.M. Saggi, who represents respondent No. 1, Sri Siddharth Verma, who represents respondent No. 6 and the learned Standing Counsel, who represents respondent Nos. 2, 3, 4 and 5 and have perused the judgment and order dated 10th March, 2010 as also the documents filed along with the memo of appeal.
(3.) Sri Munir, learned Counsel for the appellant, submitted that the respondent No. 1 is getting salary under the interim order passed by the Lucknow Bench of this Court in Writ Petition No. 2165 (S/S) of 2005, therefore, till such time her claim for entitlement of salary is not adjudicated she is not entitled for the benefit of revised pay scale. He further submitted that her claim for arrears of salary pursuant to revision of pay scale by the 6th Pay Commission has also been stayed by this Court in Writ Petition No. 21837 of 2009. He further submitted that the very entitlement of the respondent No. 1's claim is in jeopardy and is in dispute, therefore, a direction issued by this Court to decide the petitioner's representation on the basis of the direction issued by the respondent No. 2, namely. Director, Minority Welfare Department, Lucknow, would run contrary to various orders passed by this Court.;