Durgesh Kumar Srivastava And 3 ... vs State Of U.P. And 2 Others
2022 Latest Caselaw 12329 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 12902 of 2022
 

 
Petitioner :- Durgesh Kumar Srivastava And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ramesh Chandra Dwivedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners and learned Standing Counsel for respondents 1 to 3.

By means of present writ petition, the petitioners have prayed for a direction to respondents to grant of minimum pay scale of Rs.18,000/- per month to them as daily wagers as directed by Supreme Court in the case of Sabha shanker Dubey versus Divisional Forest Officer and others.

Learned counsel for the petitioners submits that the petitioners were initially engaged in Forest Department in Gorakhpur Tikuniya Range, Gorakhpur as daily wager in the year 1994 and 1995. Since then, they have been continuously working as daily wagers in the aforesaid department. It is submitted that though the petitioners are working from 1994, however, they are not paid the minimum pay-scale. Even, the representation of the petitioners has not been decided by the respondents.

Learned counsel for the petitioners, after arguing for some time, submits that it will be suffice if the pending representation of the petitioners is decided by competent authority, to which learned Standing Counsel has no objection.

In view of the above, without entering into merit of the case, the petition is finally disposed of with liberty to the petitioners to move a fresh representation to respondent No.3 within three weeks from today. In case such a representation for grant of minimum pay scale is submitted within the aforesaid stipulated time, respondent No.3 shall consider and decide it in accordance with law, in the light of judgment in Sabha Shanker Dube versus Divisional forest Officer and others, passed in Civil Appeal No.10556 of 2018, arising out of S.L.P. (Civil) No.1045 of 2016, passed by Supreme Court, by passing a reasoned and speaking order expeditiously and preferably within the next eight weeks.

Order Date :- 7.9.2022

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