Sunil Kumar And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 16738 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- WRIT - A No. - 7468 of 2022
 

 
Petitioner :- Sunil Kumar And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Horticulture Civil Secrett. U.P. Lko. And 2 Others
 
Counsel for Petitioner :- Mohd. Ateeq Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Alok Mathur,J.

1. Heard learned counsel for petitioner and learned Standing Counsel for the State.

2. Present writ petition is filed by the petitioners claiming that they are working as a daily wager on Class-IV post since the year 2013, but he is not being paid minimum of pay scale as is being paid to similarly situated employees and in view of a judgment of the Supreme Court in the case of State of Punjab and others vs. Jagjit Singh and others (2017) 1 SCC 148, he is entitled for the said benefit.

3.Learned counsel for petitioners submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.

4.Learned Standing Counsel has no objection to the same.

5. In view thereof, petitioners are permitted to make a fresh detailed representation to respondent no.2-Director, Horticulture and Food Processing, U.P., 2, Sapru Marg, Lucknow, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents including a copy of the judgment of the Supreme Court in the case of Jagjit Singh (supra) in support of his claim within a period of three weeks from today along with a computer generated/certified copy of this order.

6. In case such a representation is moved by petitioners, respondent no.2 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of three months from the date a computer generated/certified copy of this order along with representation is placed before him.

7. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.

8. With the aforesaid directions, present writ petition is disposed of.

Order Date :- 11.11.2022 (Alok Mathur, J.)

RKM.