MAHENDRA NATH DWIVEDI Vs. STATE OF U P
LAWS(ALL)-2012-1-99
HIGH COURT OF ALLAHABAD
Decided on January 20,2012

MAHENDRA NATH DWIVEDI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) This appeal has been preferred against the judgment and order dated 27.08.2008 passed by learned single Judge in Civil Misc. Writ Petition No. 24222 of 2008 whereby the writ petition of the appellants/petitioners was dismissed.
(2.) The contention of the appellants/petitioners is that they had earlier filed Writ Petition No. 23365 of 2007 for their promotional benefits as they are entitled for selection and promotional grade as recommended by the Vth Pay Commission which has been extended to other teachers. The said writ petition was disposed of by the order dated 17.05.2007 which is quoted below: - Contention of the petitioners that they have completed more than 24 years of service and as per recommendation of Fifth Pay Commission, they are entitled to selection grade and promotional grade, which has been extended to other teachers, whereas the petitioners have been ignored. Grievance raised can be very looked into, examined and remedied by Secretary, Secondary Education, U.P.Government, Lucknow along with certified copy of this order within one month from today, in the event of any such representation being made said authority shall call for entire record and proceed, examine the claim of petitioners and take appropriate decision in accordance with law in the next four months and the decision so taken be communicated to petitioneRs. In terms of above observation and direction, writ petition is disposed of.
(3.) The appellants then made a representation in the light of the order of the court before Respondent No. 1. When the said representation was not decided a contempt petition was also moved and thereafter the respondent No. 1 decided the representation rejecting the request of the appellants. Faced with this situation, the appellants were compelled to file Civil Misc. Writ Petition No. 24222 of 2008.;


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