RAJNISH KUMAR,J. - (1.) These two writ petitions have been filed by the retired employees of the U.P. Avas Evam Vikas Parishad, a statutory authority constituted under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as "Adhiniyam 1965"), who have approached to this Court for a direction to the respondents to revise their pay as per Sixth Pay Commission w.e.f. 01.01.2006, and release consequential difference of salary till their retirement, and also fix their pension and gratuity etc. at par with the employees of State Government.
(2.) Writ Petition No. 12645 of 2016 has been filed with the following prayers: (i) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to re-determine the salary of the petitioners till their retirement and thereafter their pensionary benefits on the basis of Sixth Pay Commission Recommendation w.e.f. 1.1.2006. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to apply the provisions of the Government Order No. 1508 dated 8.12.2008 on the officers of the Parishad, while suitably reading down the restrictive provisions about its non-application on the employees of U.P. Awas Evam Vikas Parishad in view of the Pension Regulations dated 19.05.2009 read with judgment and order of the Hon'ble Apex Court dated 23.9.2014. (iii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to re-determine / re-fix the salary of the petitioners in terms of Sixth Pay Commission Recommendation w.e.f. 1.1.2006 till their retirement and thereafter re-determine their pensionary benefits as per revised last pay drawn and pay arrears of salary and revised pensionary benefits from the date of their retirement till date, in accordance with G.O. dated 8.12.2008, after deducting the amounts already paid towards pensionary benefits of the petitioners, within a period of 2 months. (iv) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to grant the benefit of maximum gratuity of Rs. 10 lac to the petitioners as per Government Order dated 8.12.2008. (v) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay arrears of salary and pensionary benefits calculated in terms of the Sixth Pay Commission Recommendation, including enhanced gratuity of Rs. 10 lacs, alongwith payment of interest at the prevailing Bank rates, within a period of 2 months. (vi) to issue an ad-interim mandamus to the respondent authorities to pay the current pension of the petitioners in terms of Sixth Pay Commission Recommendation. (vii)............ (viii)............
(3.) Writ Petition No.10355 (S/B) of 2017 has been filed with the following prayers; (a) Issue a writ of Certiorari or a writ, order or direction in the nature of Certiorari quashing the impugned order dated 05.05.2015 passed by the State Govt.and the consequential order dated 13.05.2015 passed by the Housing Commissioner, Parishad as contained in annexure No. 1 and 2 to the writ petitioner. (b) issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned order dated 05.05.2015 passed by the State Govt. and the consequential order dated 13.05.2015 passed by the Housing Commissioner, Parishad as contained in annexure 1 and 2 to the writ petition. (c) issue a writ of mandamus or a writ, order or direction implement the Family Pension and Gratuity Scheme in accordance with the notification dated 19.05.2009 issued by the Awas evam Vikas Parishad contained in Annexure No. 5 to the writ petition and to give the benefit thereof to the petitioners in deference to the judgment and order dated 23.09.2014 passed by the Hon'ble Apex Court in Civil Appeal No. 6307 of 2010 (d)............... (e).......... ;