Surendra Kumar vs State Of U.P. And 2 Others
2023 Latest Caselaw 3893 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 666 of 2023
 

 
Petitioner :- Surendra Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ramendra Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajiv Joshi,J.

Heard Sri Ramendra Kumar Shukla, learned counsel for the petitioner, learned Standing Counsel for the respondents and perused the record.

This writ petition has been filed for following reliefs:

"(i) Issue a writ, order or direction in the nature of mandamus commanding to the respondents to pay minimum of the pay scale to the petitioner in the light of Judgment passed by the Hon'ble Supreme Court in the Shobha Shankar Dubey case.

(ii) Issue a writ, order or direction in the nature of mandamus to consider and decide the representation filed by the petitioner within specific time granted by this Hon'ble Court."

It is submitted by learned counsel for the petitioner that the petitioner was initially engaged on daily basis in the Forest Department in November, 2009 and since then, he is continuously working and has not been paid salary on the pay-scale on which the regular employees are getting. In support of his contention, learned counsel for the petitioner has placed reliance upon the judgement of the Apex Court in case of Sabha Shanker Dube Vs. Divisional Forest Officer & Ors, reported in 2018 LawSuit (SC) 1134.

Learned counsel for the petitioner further submits that in this regard, the petitioner filed a representation on 21.09.2022 before respondent no.3-Prabhagiya Vanadhikar, Tiger Reserve, Pilibhit, which remain undecided till date.

On the other hand, learned Standing Counsel submits that no useful purpose would be served by keeping this writ petition pending or calling the counter affidavit and direction may be issued to concerned respondent to decide the representation filed by the petitioner in the light of Sabha Shanker Dube (supra) within stipulated period.

Accordingly, the writ petition is disposed of with direction to respondent no.3-Prabhagiya Vanadhikar, Tiger Reserve, Pilibhit to decide the representation of the petitioner in the light of Sabha Shanker Dube (supra), as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order.

Order Date :- 7.2.2023

Noman