Court No. - 38
Case :- WRIT - A No. - 10951 of 2019 Petitioner :- Thakur Das @ Puran Lal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Bijendra Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had earlier approached this Court by filing Writ Petition No.40013 of 2017, which came to be disposed off vide order dated 4.9.2017. A consequential order has been passed rejecting petitioner's claim on the ground that petitioner's working was not continuous, throughout. It is, however, not disputed that petitioner was in employment since prior to 31.12.2001 as a daily wager and was also working on 12.09.2016. Petitioner claims to be working even as on date. The stand taken by the respondents to deny regularization and to pay minimum of pay scale admissible to a equivalent post holder proceeds on the ground that petitioner's working was not against any sanctioned vacant post and his working was not continuous.
Learned counsel for the petitioner submits that petitioner is working since 1987 and minor artificial breaks ought to be ignored for the purposes of grant of benefit of regularization. Submission is that in view of the law laid down by the Apex Court in State of Punjab and others vs. Jagjit Singh and others, (2017) 1 SCC 148, denial of minimum of pay scale, in the facts and circumstances, is wholly arbitrary.
Matter requires consideration.
Notice on behalf of respondent nos.1 to 4 has been accepted by learned Standing Counsel, who prays for and is granted six weeks' time to file counter affidavit. Rejoinder affidavit may also be filed within two weeks, thereafter.
List thereafter.
Till the next date of listing, petitioner shall be paid minimum of pay scale, which is admissible to a class IV employee working in the forest department on month to month basis. However, petitioner shall not be entitled to any allowances. This direction is being issued keeping in view the law laid down by the Apex Court in State of Punjab vs. Jagjit Singh (supra), which has not been referred to or dealt with by the authority concerned while rejecting petitioner's claim.
Order Date :- 25.7.2019/M. ARIF