MAHESH CHANDRA TRIPATHI, J. - (1.) HEARD learned counsel for the petitioners and learned Standing Counsel for the respondents.
(2.) WITH the consent of learned counsel for the parties, the writ petition is being disposed of at this stage without calling for a counter affidavit.
(3.) BY means of present writ petition, the petitioners have prayed for a mandamus commanding the respondents to give benefit of judgments of this Court dated 5.12.2011 and 28.11.2014. Learned counsel for the petitioners submits that the controversy raised in this writ petition has been resolved by this Court in Writ Petition No. 24814 of 2010 (Surendra Kumar Singh Rathore and ors vs. State of UP and others) decided on 05.12.2011. The operative portion of the judgment is reproduced as below: - "The Government Order dated 31.12.1997 proceeds to fix the procedure in respect of fixation of pay scale qua the incumbents whose pay scale had been revised with effect from 01.01.1996 and nothing beyond the same. In the present case, it is true that in earlier recommendation of the Pay Commission salary of the petitioners had been fixed in the pay scale of Rs.4000 -6000/ -, and thereafter fixation had been made as per Government Order dated 31.12.1997. But once in principal State Government had accepted this request that the petitioners were entitled to pay scale of Rs.5000 -8000/ -, then in such a situation once again State Government will have to make fixation with effect from 01.01.1996 and for making fixation the parameter provided for in consonance with the Government Order dated 31.12.1997 has to be adhered to with the rider that if the benefit had been extended in the past on account of revision of pay scale with effect from 01.01.1996 in the pay scale of Rs.4000 -6000/ - in consonance with the Government Order dated 31.12.1997 the same has to be rescinded and adjusted accordingly. Thus, the view of the State Government in this background is not being approved of. Consequently, writ petition succeeds and the same is allowed. The order dated 12.03.2010 is hereby quashed and set aside. The respondents are directed to consider the claim of petitioners for grant of one increment to the petitioners with effect from 01.10.1996 after fixing the salary in revised pay scale of Rs.5000 -8000/ - with effect from the said date in accordance with the directives contained in paragraph 4 (2) of the Government Order dated 31.12.1997, and further fixation which has been made in the pay scale of Rs.4000 -6000, qua the same, it is hereby directed that whatever payment has been made pursuant to the same, same be adjusted before proceeding to extend benefit accordingly. No order as to costs." ;