Court No. - 58
Case :- WRIT - A No. - 15910 of 2018 Petitioner :- Mahender Singh And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vibhendu Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
It is stated that the petitioners are working in the Horticulture Department of the State as Class - IV employee since 1992, but their claim for regularization have not been considered in accordance with 'The Uttar Pradesh Regularisation of Persons Working On Daily Wages or on Work Charge or on Contract in Government Departments on Group-C and Group-D Posts (Outside the Purview of The Uttar Pradesh Public Service Commission) Rules, 2016'. It is also stated that the authorities are not paying minimum wages, which are due and payable to such person in view of the law laid down by the Hon'ble Supreme court in State of Punjab and Others Vs. Jagjit Singh and Others reported in (2017) 1 SCC 148.
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 the facts require investigation and therefore, the authorities may be permitted to examine the petitioners' claim, in accordance with law.
Considering the above, this petition stands disposed of directing the concerned authority to examine petitioners' claim, both in the matter of his regularisation as well as payment in minimum pay scale, in accordance with law, within a period of 4 months from the date of presentation of certified copy of this order, keeping in view the observations made by the Hon'ble Supreme Court in State of Punjab (supra) and in accordance with Rules of 2016.
Order Date :- 31.7.2018 n.u.