Court No. - 39
Case :- WRIT - A No. - 21186 of 2019 Petitioner :- Shanker Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
The petitioner is working on daily wage basis in the respondent Horticulture Department, U.P. for the last nearly 10 years. He is claiming wages equivalent to the minimum of the pay scale of Class-IV employee in the department concerned. Reliance is placed upon the judgement of Apex Court in the case of State of Punjab and others Vs. Jagjit Singh and others, reported in (2017) 1 SCC 148, and the Division Bench judgment of this Court in the case of Vinod Kumar Vs. The Divisional Forest Officer and others (Special Appeal No.48 of 2012) dated 2.1.2017.
In the opinion of the Court, the prayer made by the petitioner is required to be examined by the authority concerned at the first instance.
The writ petition is, therefore, disposed of with the direction to the authority concerned to consider the claim of the petitioner and pass appropriate orders, in accordance with law, as far as possible, within a period of two months from the date a certified copy of this order is presented before the authority concerned.
Order Date :- 20.12.2019 Abhishek Singh