Hon'ble Mahesh Chandra Tripathi, J.
Heard learned counsel for the petitioner and learned Standing Counsel.
By means of present writ petition, the petitioner has challenged the order dated 07.10.2011 passed by respondent no. 4 (Annexure No. 6 to the writ petition), by which the claim of the petitioner for 2nd promotional pay scale has been turned down.
Learned counsel for the petitioner states that the petitioner was initially appointed on 03.05.1976 as regular Collection Amin and the case of the petitioner is entirely covered with the Government Order dated 02.12.2000, as he has completed 24 years of satisfactory service in the department and is entitled for 2 promotional pay scale.
Learned counsel for the petitioner further states that in identical facts and circumstances, this Court vide order dated 01.05.2014 in writ petition No. 42623 of 2011 (Badri Narain Mishra v. State of U.P) had decided the same controversy and the petitioner is also entitled for same benefits and the present writ petition is also liable to be decided in the light of observation made by this Court in writ petition No. 42623 of 2011. The operative portion of the order dated 01.05.2014 is reproduced herein below:-
“In this view of the matter, the impugned orders dated 10.12.2010 and 12.9.2011 are quashed.
Respondent no. 2, the District Magistrate/Collector, Ballia is directed to forthwith release pension and other retiral benefits within a period of four months from the date a certified copy of this order is received in his office. It goes without saying that the petitioner will also be entitled to revised pension in the Pay Scale of Rs. 4500-125 7000 on the basis of which last pay drawn by him w.e.f Date the petitioner retired i.e 31.12.2009
The writ petition stands allowed to the extent that respondent no. 2 shall consider the claim of the petitioner for grant of benefit of ACP and if the same is due to the petitioner the same shall be paid to him within four months. The petitioner shall also be entitled to interest on late payment at the rate of 6% p.a”
In view of the above, the impugned order dated 07.10.2011 (Annexure No. 6 to the writ petition) is hereby quashed.
The District Magistrate/Collector, Ballia, respondent no. 3 is directed to consider the claim of the petitioner in accordance with law and specially keeping in mind the order passed by this Court in writ petition No. 42623 of 2011 (Badri Narain Mishra v. State of U.P), and decide the same preferably within a period of four months from the date of production of a certified copy of this order before him.
Accordingly, the writ petition is disposed of.