SPECIAL APPEAL DEFECTIVE No. 633 of 2024 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:3384-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 633 of 2024 Appellant :- State Of U.P. Thru. Its Prin. Secy. Defence Lko. And 2 Others Respondent :- Prem Shankar Kanth Counsel for Appellant :- C.S.C. Counsel for Respondent :- Manish Misra Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the appellants and Sri Manish Misra, learned counsel who has put in appearance on behalf of the sole respondent. 2. This intra-court appeal filed by the State has assailed the judgment/order dated 19.04.2024 passed by the writ court in Writ-A No.15847 of 2018 ( Prem Shankar Kanth vs. State of U.P. & Ors.) on the ground that the benefit of the pay- scale Rs.4000-6000 which has been accorded to the respondent is contrary to the hierarchy of posts as provided in Appendix-A of the relevant service rules. Moreover, it is argued that once the respondent was promoted as Store Superintendent Grade-II in the pay-scale of Rs.4000-6000 by order dated 07.12.2022, he cannot be extended the benefit of the higher pay-scale unless he joins on the higher post. 3. Learned counsel for the respondent on the contrary placing relian