NARENDRA KUMAR JOHARI,J. - (1.)State of U.P. through Principal Secretary, Public Works Department and four other State functionaries have preferred this special appeal challenging order dated 11.08.2011 rendered by learned Single Judge in Writ Petition No.5067 (SS) of 2011 titled 'Sanjay Kumar Saxena and Another Vs. State of U.P. and Others.
(2.)Learned counsel for the respondents/writ petitioners has not appeared. The appeal relates to the year 2012. 7 years have gone by. We find no justifiable reason to await appearance of the counsel and adjourn the case. In the above circumstances, with the assistance of learned counsel for the appellants/State Shri V.P. Nag, we have gone through the pleadings and contents of the impugned order. We have also considered the law on the issue.
(3.)It appears that the respondents/writ petitioners filed the petition for issuance of a writ in the nature of mandamus directing respondents to provide benefit 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. Vide the impugned order, the relief prayed for has been granted in the following terms:- "Heard Mr. Ravi Pratap Singh, learned counsel for the petitioner and learned Standing Counsel for opposite parties. The controversy raised through the instant writ petition has been settled by this Court through the judgment and order dated 13.9.23005 passed in bunch of writ petitions, leading case of which is writ petition No. 3932 (SS) of 2004 : Ram Narayan Srivastava and others versus State of U.P. and others, whereby this Hon'ble Court has held that the petitioners are held entitled to draw their salary in the pay-scale of Rs.1200-1800 with effect from the pay-scale being implemented in the State of U.P. and Rs. 4000-6000 with effect from 01.01.1996 and a writ of mandamus was issued to the State Government to implement the aforesaid pay-scales in case of the petitioners of that writ petition. In light of the aforesaid decision of this Court, the writ petition is allowed in terms of the aforesaid judgment (supra) and the petitioners of this writ petition will also be entitled for the benefit of the order passed in the above writ petition. No order as to costs."