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B.P. Sharma Vs. State of Uttar Pradesh and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCivil Writ Petition No. 3806 of 1980
Judge
Reported inAIR1981SC1728; 1981(1)SCALE837; (1982)1SCC425; 1981(13)LC340(SC)
AppellantB.P. Sharma
RespondentState of Uttar Pradesh and ors.
Excerpt:
- labour & services pay parity: [altamas kabir & markandey katju, jj] fixation of pay--withdrawal of benefit--petitioner along with his friend filed petition for step up pay to that of juniors - benefit was only given to friend of petitioner - no benefit given to petitioner - petitioner's petition dismissed as infructuous - held, high court was bound to deal with claim of both petitioners. senior cannot be paid lesser salary than his juniors. object of petition was to bring pay par with juniors. high court erred in not addressing claim of petitioner. petitioner is entitled to benefits of pay parity. when writ petition is jointly filed, the prayer therein should not be confined to one petitioner alone only.1. by this petition, the petitioner only wanted a similar stay order as was passed in the case of ram gopal shukla, (civil appeal no. 282 of 1980) on 23rd april, 1980, in c. m. p. no. 1634 of 1980. that relief has already been granted to the petitioner, as the counsel for the petitioner states. in the circumstances, this writ petition has become in-fructuous and is accordingly dismissed.
Judgment:

1. By this petition, the petitioner only wanted a similar stay order as was passed in the case of Ram Gopal Shukla, (Civil Appeal No. 282 of 1980) on 23rd April, 1980, in C. M. P. No. 1634 of 1980. That relief has already been granted to the petitioner, as the counsel for the petitioner states. In the circumstances, this writ petition has become in-fructuous and is accordingly dismissed.


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