Pati Ram vs State Of U.P. And 2 Others
2023 Latest Caselaw 11762 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 6815 of 2023
 

 
Petitioner :- Pati Ram
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bijendra Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioner and Ms. Monika Arya, learned Additional Chief Standing Counsel for the respondents.

The petitioner is working as a daily wager in the forest department. He claims entitlement to minimum pay scale, which is not being paid to him.

Learned counsel for the petitioner calls attention of this Court to the observations made by the Hon'ble Supreme Court 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 crystallised 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 Additional Chief Standing Counsel submits that the claim of the petitioner shall be examined by the concerned authority in accordance with law.

In light of the aforesaid submissions, the matter is remitted to the respondent no.3-Prabhagiya Vanadhikar, Tiger Reserve, Pilibhit.

A writ in the nature of mandamus is issued commanding the respondent no.3-Prabhagiya Vanadhikar, Tiger Reserve, Pilibhit, to execute the following directions:

I. The respondent no.3-Prabhagiya Vanadhikar, Tiger Reserve, Pilibhit shall decide the representation of the petitioner regarding his entitlement to minimum of pay scale, within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.

II. The fact of the earlier affidavit given by Principal Chief Conservator of Forests, State of Uttar Pradesh, and noticed by the Hon'ble Supreme Court in Sabha Shanker Dube (supra), shall be considered while making the decision.

However, it is made clear that the claim of the petitioner shall be decided in terms of the above mentioned judgments but there will be no claim if the petitioner is job card holder under the scheme of MANREGA.

The writ petition is disposed off finally.

Order Date :- 19.4.2023

Rakesh