- (1.) HEARD Sri Angrej Nath Shukla, learned counsel for the petitioner , Sri Amitabh Chaturvedi , learned Standing Counsel and perused the record. Petitioner was initially appointed on 12.6.1984 on the post of Store Superintendent Grade -II under opposite party no.2 . On 17.6.1984 promoted to the post of Store Superintendent Grade -I and in the year 1992 promoted to Assistant Deputy Controller, retired from service on 31.1.2009 .
(2.) WHILE petitioner was in service a Government Order dated 6.9.1971 regarding fixation of pay scale in respect to the post of Store Superintendent Grade I and II has been challenged by one Sri Rajendra Prasad Singh by filing Claim Petition No. 215/V/HM3/87 before State Public Service Tribunal, Lucknow with the prayer that he shall be allowed to pay scale of Rs. 225 -500 on the post of Store Superintendent Grade -I. By order dated 1.10.1996 the State Public Service Tribunal allowed the claim petition, the operative portion of the same is reproduced as under: - " Petition is allowed. The opposite parties are directed to ignore the annexure no.2 and 3 and to grant the petitioner the same pay scale on the post of Store Superintendent Grade -I , which the police personnel have been allowed. It should be done within three months from the date of this order and arrears of pay should be paid within three months from today." Aggrieved by the said order/ directions, Director Civil Defence/ other respondents etc filed a Writ Petition No. 601(SS) of 1997( later on converted as Division Bench i.e. 601 (SB) of 1997 ( Director Civil Defence and another Vs. Rajendra Prasad and others ) , dismissed by order dated 12.4.2012. Thereafter , the order dated 12.4.2012 has been challenged by the official respondents by filing Special Leave to Appeal before Hon'ble the Supreme Case bearing Special Leave to Appeal (Civil) CC 15074/2012, dismissed by order dated 14.9.2012.
(3.) AFTER the above said development which has taken place , petitioner , who has already retired from service on 31.1.2009 from the post of Assistant Deputy Controller made a representation on 10.5.2013 to opposite party no.2/Director, Civil Defence, U.P. Lucknow to give the same benefits to him which has been given to Sri Rejendra Prasad Singh by order dated 1.10.1996 in claim petition no. 215/V/HM3/87. When no heed paid by opposite party no.2, the present writ petition has been filed by the petitioner with the following main relief: - " To issue a writ , order or direction in the nature of mandamus commanding the opposite parties to extend the benefit of the judgment and order dated 20.2.2013 passed by this Hon'ble Court Judicature at Allahabad in Writ Petition No. 17929(Writ -A) of 2000, Sayed Hasan Jafri Vs. Joint Director Civil Defence and another ( Annexure no.4) and also the benefit of the judgment and order dated 1.10.1996 passed by learned State Public Service Tribunal in Claim Petition no. 215/V/HM3/87, Rajendra Prasad Singh Vs. Director Civil Defence State of U.P. Jawahar Bhawan Lucknow and others (Annexure no.1) as the petitioner is also the similarly situated person." ;