Court No. - 16
Case :- WRIT - A No. - 8963 of 2018 Petitioner :- Khedaru Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Brahma Nand Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is working in the Forest Department of the State of U.P. at Kushinagar since 1987. His grievance is that persons who are similarly placed are being paid minimum of pay scale, except allowances, but such relief has been denied to him. Reliance is placed upon an order passed by this Court in Writ Petition No.61056 of 2017, on 19.12.2017, which is reproduced hereinafter:-
"The petitioner claims that he is working as daily wage employee with the authority from 1986. He has preferred this writ petition for a direction upon the respondents to grant him minimum pay in the pay scale of Class-IV employee.
Counsel for the petitioner has placed reliance on the judgment of the Supreme Court in the case of State of Punjab and Ors. vs. Jagjit Singh and Ors., (2017) 1 SCC 148, wherein the Supreme Court has held that all the daily wager, work charge employee and other similarly situated persons who are working from 10 years are entitled for the minimum pay scale. Hence, the petitioner is also entitled for the minimum pay in the regular pay scale. He has further drawn the attention of the Court to the order passed by a Division Bench of this Court in Special Appeal No. 48 of 2012, (Vinod Kumar Vs. Divisional Forest Officer and Ors.) decided on 02.01.2017, the relevant part of which is extracted herein below:-
"Consequently, in the facts of the case, we proceed to dispose of present special appeal by commanding the Divisional Forest Officer, Obra, district Sonbhadra, to consider the request of appellant for grant of minimum pay-scale, in accordance with law, preferably within a period of next three months from the date of receipt of certified copy of this order and whatsoever is outcome of the decision, so taken, copy of the same be communicated to the appellant."
Heard counsel for the petitioner and standing counsel for the respondents.
In view of clear enunciation of law laid down by the Supreme Court, the petitioner has made out a prima facie case.
Accordingly, an interim mandamus is issued upon the third respondent to pay the minimum pay in the regular pay scale of class-IV employees to the petitioner in terms of the aforesaid judgment of the Supreme Court within three months or show cause within the same period."
Pursuant to the ad-interim mandamus issued, the Divisional Forest Officer has issued order granting minimum of pay scale to similarly placed person.
Learned counsel for the petitioner states that in view of the law laid down by Hon'ble Supreme court in State of Punjab and others Vs. Jagjit Singh and others (2017) 1 SCC 148, petitioner is also entitled to be paid at the minimum of the pay scale. Reliance has been placed upon para-61 of the judgment in the State of Punjab (supra) which reads as under:-
"61. In view of the position expressed by us in the foregoing paragraph, we have no hesitation in holding that all the temporary employees concerned, in the present bunch of cases, would be entitled to draw wages at the minimum of the pay scale at the lowest grade, in the regular pay scale), extended to regular employees holding the same post."
Learned Standing Counsel submits that grievance of the petitioner shall be examined in accordance with law.
Considering the above, this writ petition stands disposed of with a direction upon the respondent no.4 to examine claim of the petitioner in view of the law laid down by the Apex Court in State of Punjab vs. Jagjit Singh (supra). In case petitioner is continuing for the last more than 10 years, there is apparently no reason to deny minimum of pay scale, except allowances, to the petitioner. In case persons similarly placed to petitioner have been granted benefit of minimum of pay scale except allowances, petitioner shall also be granted same benefit. The required exercise would be completed within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 29.3.2018 Ashok Kr.