The petitioners' Writ Petition No.1528 (SS) of 2019 was finally disposed of by the Writ Court vide judgement and order dated 21.1.2019 in following terms:-
"Grievance of the petitioners is that they were engaged as Daily Wager on Group D post in the year 2012 in the respondent department.
Director, Horticulture and Food Processing Department, U.P. at Lucknow issued a circular on 04.11.2004 providing that those Group D employees, who are skilled labourers, are entitled to get minimum pay scale on completion of five years service.
The petitioners alleging themselves to be skilled labourers and working for more than five years, claim that they are entitled to get the said benefit in accordance with the aforesaid circular dated 04.11.2004.
On the other hand, learned Additional Chief Standing Counsel pointed out that grievance of the petitioners can be very well examined by respondent No.2 in the light of said circular and necessary order shall be passed within a very short span of time.
Accordingly, this writ petition is finally disposed of with a liberty to the petitioners to approach respondent No.2 by means of a representation along with copy of the circular dated 04.11.2004 prescribing minimum pay scale to the skilled labourers on completion of five years within ten days from today. In case such a representation is filed, the respondent No.2 shall consider and pass appropriate reasoned and speaking order within a further period of six weeks from the date of production of a certified copy of this order. "
In pursuance to the notice issued in this contempt petition, a compliance affidavit of Mr. Raghvendra Pratap Singh, Director, Horticulture and Food Processing, Udyan Bhawan, U.P., Lucknow has been filed. Along with the aforesaid affidavit, a copy of the decision dated 9.4.2019 taken on the representation of the petitioner has been placed on record as Annexure No.A-2 to the affidavit, in which it has been said that the petitioners are working as unskilled daily wager workmen at Raj Bhawan Udyan, Lucknow and they are not entitled to minimum of the pay of the skilled labour.
In view of the aforesaid decision dated 9.4.2019 taken on the representation of the petitioners, nothing survives in the present contempt petition, which is hereby disposed of as having become infructuous.
However, Ms. Pooja Singh, learned counsel for the petitioners submits that the respondents have given the minimum of pay scale of the skilled labour to similarly situated employees.
Be that as it may, if the petitioners are aggrieved by the aforesaid decision dated 9.4.2019 taken on their representation, they have liberty to approach the competent Court/forum, if they are so advised and law permits.
Contempt notice stands discharged.
Order Date :- 29.8.2019 Rao/-