Tarak Nath vs State Of U.P. And 2 Others
2022 Latest Caselaw 19044 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 10998 of 2016
 

 
Petitioner :- Tarak Nath
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Kalp Nath,Ram Sagar Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.

The present writ petition has been filed with the following prayer:

"i. a writ, order or direction in the nature of certiorari quashing the impugned order dated 05.01.2016 passed by the Divisional Forest Officer/Prabhagiya Vanadhikari Van Prabhag, Bhadohi.

ii. a writ, order or direction in the nature of mandamus directing the respondents to consider the claim of the petitioner for monthly salary as per the minimum of pay scale admissible to the petitioner as Class-IV employee who has completed more than 26 years service."

It is submitted by learned counsel for the petitioner that the petitioner is working as Daily Wage Employee under the respondent/Forest Department and his claim for minimum charges have been rejected by the impugned order. Learned counsel for the petitioner submits that the present controversy has already been decided by the Apex Court in Sabha Shanker Dube Vs. Divisional Forest Officer & others passed in Civil Appeal No.10556 of 2018. He submits that relying on the aforesaid judgment, this Court in Writ-A No. 4272 of 2016 has quashed the order passed against the similar situated candidates and directions have been issued for payment of minimum pay scale to the petitioner.

Learned Standing Counsel does not dispute the fact that the present controversy is already decided by this Court vide order dated 28.1.2020 passed in Writ-A No.7272 of 2016 (Ram Bhuwal and 9 others Vs. State of U.P. and 3 others).

For the aforesaid reason recorded in the judgment dated 28.1.2020, this writ petition also succeeds and is allowed on same terms. The impugned order dated 05.01.2016 passed by the Divisional Forest Officer/Prabhagiya Vanadhikari Van Prabhag, Bhadohi is quashed.

Order Date :- 28.11.2022

D. Tamang