RAKESH SRIVASTAVA,J. - (1.) State of U.P., through Principal Secretary, Public Works Department, Lucknow and 4 other State functionaries have preferred this special appeal challenging order dated 11.08.2011 rendered in Writ Petition No.5070 (SS) of 2011 titled 'Ram Sagar and others vs. State of U.P. and others'. Vide the impugned order, the issue has been decided in terms of judgment dated 13.09.2005 rendered in Writ Petition No.3932 (SS) of 2004 titled 'Ram Narayan Srivastava and others vs. State of U.P. and others'. Consequently, respondent no.1/writ petitioner has been held entitled to draw salary in the pay-scale of Rs.1200-1800 w.e.f. pay-scale being implemented in the State of U.P. and Rs.4000-6000 w.e.f. 01.01.1996.
(2.) Learned counsel for the respondents has not appeared to prosecute the appeal. The appeal relates to the year 2012. 7 years have gone by. We find no justifiable reason to adjourn the case to await appearance of the counsel. In such circumstances, we have heard Shri V.P. Nag, learned counsel for the appellants/State and have gone through the impugned order.
(3.) Shri Nag has pointed out that the judgment rendered in Writ Petition No.3932 (SS) of 2004 (supra) came to be challenged by virtue of Special Appeal No.57 of 2006 titled 'State of U.P. vs. Ram Narayan Srivastava'. The special appeal has been allowed vide judgment dated 27.10.2017. It has been pleaded that in such circumstances even appeal under consideration is required to be allowed, and the writ petition dismissed.;