Shyam Sunder Ram vs State Of U.P. And 3 Others
2021 Latest Caselaw 9559 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 9172 of 2021
 

 
Petitioner :- Shyam Sunder Ram
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Hriday Narayan Pandey,Rajendra Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner claims to be working in the Forest Department since 1989. It is alleged that petitioner's claim for regularization is covered under the rules and he is otherwise entitled to minimum of pay scale in light of the Supreme Court Judgment in Civil Appeal No. 10956 of 2018, Sabha Shanker Dube Vs. Divisional Forest Officer and Others, along with the companion appeals, wherein it was observed as follows:

"...This Court took notice of an affidavit filed on behalf of the Principal Chief Conservator of Forests, State of Uttar Pradesh in which it was stated that the instructions were given to all the officers concerned to implement the directions issued by the High Court regarding payment of the minimum of pay scales to the daily wagers. A direction was given by this Court to the Principal Chief Conservator of Forests and the Principal Secretary to the Department of Forests, State of Uttar Pradesh to file separate affidavits in the High Court regarding the implementation of the directions."

Learned counsel for the petitioner contends that the aforesaid undertaking is being flouted by the Principal Chief Conservator of Forests, State of Uttar Pradesh.

It is contended that the right of the petitioner to minimum of pay scale was crystallized by the Hon'ble Supreme Court in the case of State of Punjab and Others Vs. Jagjit Singh and Others, reported at 2017 (1) SCC 148 and also in the Division Bench of this Court in the case of Vinod Kumar Vs. The Divisional Forest Officer And Others in Special Appeal No. 48 of 2012.

Learned Standing Counsel submits that the claim of the petitioner shall be examined by the concerned authority in accordance with law.

In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to represent his grievance before the respondent no. 4 alongwith a copy of this order. Petitioner shall be at liberty to annex all materials in support of his claim. The concerned authority shall accord consideration to the petitioner's claim, noticed above, in accordance with law, and pass an appropriate order within a period of four months from the date of presentation of a copy of this order.

Order Date :- 4.8.2021

Ranjeet Sahu