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2015 DIGILAW 3947 (ALL)

Om Prakash Lal v. Sauhash L. Y. , D. M.

2015-12-11

SURYA PRAKASH KESARWANI

body2015
JUDGMENT Surya Prakash Kesarwani, J. Supplementary affidavit dated 10.12.2015 filed today, is taken on record. 2. Heard Shri Shiva Nand Pandey, learned counsel for the applicants. 3. This application has been filed alleging that the opposite parties have not complied with the order of the writ court dated 11.12.2014 passed in Writ Petition-A No.67320 of 2014, which is reproduced below: "Heard Shri S.P. Pandey, learned counsel for the petitioner and Shri Prakash Mishra, the learned standing counsel for the respondents. The petitioners, who are 28 in number, are claiming grant of second promotional pay scale from the date when they completed 24 years of continuous regular satisfactory service. Earlier their case had been kept pending by the order dated 18.07.2014 on the ground that a special appeal in the matter is pending before Lucknow Bench of the High Court in Special Appeal No.83 of 2001. Shri S.P. Pandey learned counsel for the petitioners submits that the special appeal filed by the state has been dismissed on 29.08.2014. In view of the above, this writ petition is disposed of with a direction to the respondents to consider the claim of the petitioners within a period of three months from the date of receipt of certified copy of this order, and if the same is due the same shall be paid to the petitioner within four months thereafter and the petitioner shall also be entitled to interest." 4. Annexure 12 to the application is the order dated 13.5.2015 passed by the opposite party no.2 whereby the claim of the applicants with regard to the pay-scale have been decided. There is no allegation in the application that the amount which became due and payable to the applicants consequent to the aforesaid order dated 13.5.2015, have not been paid to them. It is, however, submitted by the learned counsel for the applicants that no amount has been paid by the opposite parties consequent to the order dated 13.5.2015 passed by the opposite party no.2. If it is so, the opposite parties are directed to comply with the order of the writ court dated 11.12.2014 by making payments as directed, within a period of three months from the date of production of a certified copy of this order. If it is so, the opposite parties are directed to comply with the order of the writ court dated 11.12.2014 by making payments as directed, within a period of three months from the date of production of a certified copy of this order. In case, payments have already been paid in terms of the order dated 13.5.2015 and in compliance to the order of the writ court dated 11.12.2014, the observations as made above for payment, shall be ignored. 5. The contempt application is disposed of with the observations made above.