Om Prakash vs State Of U.P. And 3 Others
2023 Latest Caselaw 22626 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:167800
 
Court No. - 37
 
Case :- WRIT - A No. - 13239 of 2023
 
Petitioner :- Om Prakash
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ramendra Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

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

2. Petitioner prays for a writ of mandamus commanding the respondents to pay minimum pay scale of Rs. 18,000/- to the petitioner in the light of the judgment of Hon'ble Supreme Court in the case of Sabha Shanker Dube Vs. Divisional Forest Officer & Others, 2018 LawSuit (SC) 1134.

3. Submission of the learned counsel for the petitioner is that petitioner has been working as a Maali since 1998 under the respondents. He has contended that petitioner is still not being given minimum of the pay scale which has been considered by the Apex Court in the case of Sabha Shanker Dube (supra) and this Court has also held that persons are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts.

4. Argument is that the Apex Court has already decided the issue of minimum of the pay scale then there is no occasion for the respondents not to extend the said benefit to the petitioner keeping in view of the judgment of Sabha Shanker Dube (supra).

5. Considering that the matter pertains to the minimum pay scale to be paid by the respondents, as such the writ petition is disposed of with the direction to the petitioner to submit his representation before the respondent no. 4 within two weeks from today and respondent no.2 shall endevour to decide the same by means of a reasoned and speaking order within a further period of six weeks from the date of submission of the representation along with certified copy of this order.

6. With the aforesaid direction, writ petition is disposed off.

7. It is made clear that this Court has not gone into the merits of the case.

Order Date :- 21.8.2023

Mustaqeem.