Full Judgment Text
NONREPORTABLE
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
J U D G M E N T
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
is with regard to the date on which the benefit of G.O. dated
Signature Not Verified
Digitally signed by Dr.
Mukesh Nasa
Date: 2022.08.02
17:17:58 IST
Reason:
th
7 December 1979 would be available to the respondents.
1
3. The issue involved before the Division Bench of the
Allahabad High Court in
K.K. Misra and Others v. State of
1
U.P. and Others 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
rd
order dated 23 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
th
Court vide its order dated 7 October 1992.
th
4. Lastly, this Court vide order dated 17 January 2007
passed in the case of State of U.P. and Others v. Prem
2
Prakash Mishra and Others , 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
rd
1 Writ Petition No.6700 of 1986 dated 23 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
th
granting relief in terms of G.O. dated 7 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
th
entitled to such a benefit with effect from 7 December 1979.
It is the grievance of the State that when the date from
6.
which the benefits were granted in the case of K.K. Misra
rd
(supra) had been finally approved by this Court from 23
September 1991, the Division Bench erred in making the
th
same benefit applicable from 7 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
rd
(supra) dated 23 September 1991, which was approved by
th
this Court and so also the judgment of this Court dated 17
3
January 2007, the benefit ought to have been given only with
rd
effect from 23 September 1991.
th
9. The appeals are therefore partly allowed. The date of 7
December 1979 mentioned in the impugned order is modified
rd
as with effect from 23 September 1991.
10. Pending application(s), if any, stands disposed of.
…...................J.
(B.R. GAVAI)
......................................................J.
(PAMIDIGHANTAM SRI NARASIMHA)
New Delhi;
th
26 July, 2022.
4