RAM SINGH Vs. STATE OF U P THRU PRIN SECY HOME LKO & ORS
LAWS(ALL)-2018-7-69
HIGH COURT OF ALLAHABAD
Decided on July 17,2018

RAM SINGH Appellant
VERSUS
State Of U P Thru Prin Secy Home Lko And Ors Respondents

JUDGEMENT

Abdul Moin, J. - (1.) Heard learned counsel for the petitioner and Sri Suresh Singh, learned Standing Counsel for all the respondents.
(2.) By means of the present petition, the petitioner has prayed for the following reliefs:- "(i) a writ or writs, direction or directions and/or order or orders in the nature of certiorari quashing the impugned order dated 16.03.2016 passed by State Police Motor Vehicle Officer, Sitapur, as contained in Annexure No.1 to the writ petition, and/or (ii) a writ or writ, direction or directions and/or order or orders in the nature of mandamus restraining the respondents in deducting an amount of Rs.10,000/- per month from the salary of the petitioner, and/or (iii) a writ or writ, direction or directions and/or order or orders in the nature of mandamus directing the respondents to refund the amount, which has already been deducted/recovered without any authority/order from the salary of the month of May and June 2016, and/or (iv) a writ or writ, direction or directions and/or order or orders in the nature and manner which this Hon'ble Court may deem fit and proper in the circumstances of the case including an order of awarding costs of the instant writ petition in favour of the petitioner and against the respondents, hereto."
(3.) The case set forth by the petitioner, shorn of all the unnecessary details, is that he was initially appointed in the year 1979 as Carpenter. In the year 1986 the nomenclature of the post of Carpenter was changed to one of Constable Technical in the then pay scale of 315-440. When the previous service of the petitioner was not counted from the year 1979, he preferred a claim petition in the year 2012 before the learned State Public Services Tribunal, Lucknow vide Claim Petition No.2025 of 2012, inter alia, praying for being granted all the service benefits like time scale, personal pay scale, additional increments and promotional pay scale taking into consideration his services from 18.4.1979. The learned Tribunal vide judgment and order dated 14.3.2014 allowed the claim petition and directed the respondents to grant the service benefits to the petitioner after computing his services from 18.4.1979 to 6.8.1986 towards his service period. Being aggrieved against the said judgment, the State-respondents preferred Writ Petition (S/B) No.950 of 2014 In re: State of U.P. and others vs. Ram Singh and another before this Court. In the meanwhile, the respondents taking into consideration the judgment of the learned Tribunal, refixed the pay scale and granted him the arrears thereof vide order dated 7.3.2015, a copy of which is Annexure-7 to the writ petition. A perusal of the said order would indicate that the said order was issued subject to decision of the pending writ petition before this Court filed by the State Government against the order of the learned Tribunal.;


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