Court No. - 58
Case :- WRIT - A No. - 16034 of 2018 Petitioner :- Ramvilas And 7 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sanjeev Kumar Saxena Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for mandamus directing the respondents to pay the petitioners minimum of the pay scale of Class IV employee.
Petitioners claim to be working as Mali in District Horticulture Office, Hamirpur for the last 12 years. Their grievance is that they are regularly working throughout the year, but even of the minimum pay scale admissible to the post of Mali is not being paid.
As sufficient period of service have been completed by the petitioners, as such in view of Judgement of Supreme Court passed in State of Punjab and others Vs. Jagjit Singh and others (2017) 1 SCC 148 and Division Bench of this Court passed in Special Appeal No. 48 of 2012, Vinod Kumar Vs. Divisional Forest Officer and others, decided on 2.1.2017, the petitioners' claim for being paid minimum of pay scale is liable to be considered.
In the facts and circumstances, this writ petition stands disposed of permitting the petitioners to approach respondent no.2, alongwith certified copy of this order, within a period of two weeks from today. Petitioners shall be at liberty to annex all materials in support of their claim. In case such a claim is raised, the same shall be examined by the authority concerned and appropriate order would be passed, in accordance with law, within a further period of two months, thereafter, keeping in view the law laid down by the Apex Court in Jagjit Singh (supra).
Order Date :- 31.7.2018 Anil