State Of U.P. vs Karunakar Khare .

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2824 OF 2015

STATE OF U.P. AND OTHERS APPELLANT(S)

VERSUS

KARUNAKAR KHARE AND OTHERS RESPONDENT(S)

WITH

CIVIL APPEAL NO. 2828 OF 2015

CIVIL APPEAL NO. 2829 OF 2015

CIVIL APPEAL NO. 2831 OF 2015

CIVIL APPEAL NO. 2830 OF 2015

JUDGMENT

B.R. GAVAI, J.

1. Despite being served, none appears for the respondents

in Civil Appeal Nos. 2824, 2829, 2830 and 2831 of 2015.

2. The only grievance that is raised in the present appeals

Signature Not Verified is with regard to the date on which the benefit of G.O. dated Digitally signed by Dr. Mukesh Nasa Date: 2022.08.02 17:17:58 IST Reason: 7th December 1979 would be available to the respondents.

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3. The issue involved before the Division Bench of the

Allahabad High Court in K.K. Misra and Others v. State of

U.P. and Others1 pertained to payment of special work

allowance, special pay, fixed house rent allowance, motor

subsidy and one month’s extra pay to the employees, who

were working in the ministerial cadre of the U.P. Police Force

in the Intelligence Department at par with the equivalent

category of officers/officials belonging to the Executive Cadre

working in the Intelligence Department. By the judgment and

order dated 23rd September 1991, the writ petition was

allowed by the Division Bench and the allowances were made

applicable from the date of the said order. The view taken in

the case of K.K. Misra (supra) has been affirmed by this

Court vide its order dated 7th October 1992.

4. Lastly, this Court vide order dated 17th January 2007

passed in the case of State of U.P. and Others v. Prem

Prakash Mishra and Others2, held that the Ministerial staff

working in the police are also entitled to the same benefits

that the police personnel are getting, i.e., one month extra

1 Writ Petition No.6700 of 1986 dated 23rd September 1991 2 Civil Appeal Nos. 1926­1928 of 2004 2 pay in every financial year.

5. In the present case, the writ petitioners before the High

Court were employees working in the Ministerial cadre in the

Establishment/Department of Police, Govt. of U.P. The

Single Judge of the High Court allowed the writ petition

granting relief in terms of G.O. dated 7 th December 1979. The

State preferred special appeals before the Division Bench of

the High Court, which, vide impugned order held that the

employees, who have performed their duties on second

Saturdays, Sundays and Gazetted holidays should also be

entitled to such a benefit with effect from 7th December 1979.

6. It is the grievance of the State that when the date from

which the benefits were granted in the case of K.K. Misra

(supra) had been finally approved by this Court from 23rd

September 1991, the Division Bench erred in making the

same benefit applicable from 7th December 1979.

7. We find that there is merit in the contention raised on

behalf of the State.

8. In view of the judgment of the High Court in K.K. Misra

(supra) dated 23rd September 1991, which was approved by

this Court and so also the judgment of this Court dated 17th 3 January 2007, the benefit ought to have been given only with

effect from 23rd September 1991.

9. The appeals are therefore partly allowed. The date of 7th

December 1979 mentioned in the impugned order is modified

as with effect from 23rd September 1991.

10. Pending application(s), if any, stands disposed of.

…...................J. (B.R. GAVAI)

......................................................J. (PAMIDIGHANTAM SRI NARASIMHA)

New Delhi;

26th July, 2022.

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