THE STATE OF UTTAR PRADESH v. VIJAY SHANKAR DUBEY INSC 308

• Allahabad HC allowed a retired Joint Director, Prosecution to get a higher pension with effect from January 1, 1996.

• The court relied on two of its earlier judgments in similar cases.

• The state government had revised the pay scale for the post from Rs 12,000-16,500 to Rs 14,300-18,500 with effect from April 1, 2001.

• The retired officer had sought the benefit of the revised pay scale from January 1, 1996.

• The state government had rejected his plea, saying the revision was effective from April 1, 2001. The respondent filed a Writ-A No.18687 of 2013 in the High Court. The High Court by the impugned judgment allowed the writ petition relying on two earlier �judgments of the High Court i.e. judgments of the High Court in Special Appeal (D) No.870 of 2009 (State of U.P. and others vs. Anand Kumar Mishra and others) and Special Appeal No.115 (SB) of 2009 (State of Uttar Pradesh and others vs. Ghanshayam Singh and another). The High Court held that the respondent’s case being fully covered by the judgment of the High Court in State of U.P. and others vs. Anand Kumar Mishra and others, the respondent is entitled to the benefit of amended pay scale with effect from 01.01.1996. The aggrieved with the judgment of the High Court this appeal has been filed by the State of U.P. and others.

scales of the petitioners will have effect from July 1, 1959, in accordance with the recommendations of the Pay Commission. We further direct that the petitioners should be paid the amount payable to them as a consequence of the revision of the pay-scales with effect from July 1959. The petitioners will have the costs of this petition.”

In the foregoing discussions, we are of the view that the judgment of the High Court is unsustainable and is hereby set aside. The appeal is allowed.