Allahabad High Court
State Of U.P. Thru. Prin. Secy. ... vs Sandeep Chaurasia on 16 February, 2023
Bench: Devendra Kumar Upadhyaya, Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- SPECIAL APPEAL DEFECTIVE No. - 77 of 2023
Appellant :- State Of U.P. Thru. Prin. Secy. Forest Deptt. Govt. Of U.P. Civil Secrett. Lko. And Others
Respondent :- Sandeep Chaurasia
Counsel for Appellant :- C.S.C.
Counsel for Respondent :- Ripu Daman Shahi
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Subhash Vidyarthi,J.
(C.M.Application No. 1 of 2023)
Having regard to the contents of the application seeking condonation of delay, we are satisfied that the delay has sufficiently been explained.
Accordingly, the application is allowed and the delay in preferring this Special Appeal is condoned.
(Order on Memo of Special Appeal)
Heard learned State Counsel for the appellants-State authorities and Sri R.D. Shahi, learned counsel representing the sole respondent.
This Special Appeal seeks to impeach the order dated 21.11.2022, passed by the learned Single Judge in Writ-A No.7126 of 2022 filed by the respondent challenging the order dated 25.10.2021.
At this juncture itself, we may note that Writ-A No.7126 of 2022 has been filed by the respondent challenging the order dated 25.10.2021 whereby his claim for grant of minimum of pay-scale while working as daily wage employee, has been rejected.
Learned Single Judge while entertaining the writ petition has passed the order under challenge before us in this Special Appeal on 21.11.2022 whereby it has been ordered that the alleged oral order of termination of service of the respondent shall remain stayed.
The order dated 21.11.2022, passed by the learned Single Judge is an interlocutory order against which Special Appeal under Chapter VIII Rule 5 of the Rules of the Court would not be maintainable, however, learned State Counsel representing the appellants-State authorities submits that in fact the relief granted to the respondent by means of said interim order dated 21.11.2022 is in the nature of final relief, which is impermissible.
On the other hand, learned counsel representing the respondent, Sri Shahi has vehemently opposed the very maintainability of this Special Appeal by submitting that the order under challenge is purely interlocutory in nature which does not decide any issue or controversy between the parties finally, as such the order under challenge cannot be said to have trapping of judgment and accordingly this Special Appeal is not maintainable.
Having heard the learned counsel for the parties, what we find is that though the order dated 21.11.2022, which is under challenge before us is interlocutory order, but the same is giving rise to some confusion in the mind of the State-authorities.
As a matter of fact, it is not in dispute between the parties that the respondent had earlier been engaged only on daily wage basis and accordingly, since his initial engagement was not through any written order, hence even if engagement of respondent is be terminated, there is no legal requirement that for disengagement here has to be necessarily a written order.
In the back-ground facts, which can be gathered from the pleadings available on record of this Special Appeal, what we find is that the respondent appears to have been continuing to work on daily wage basis for about last 13 years and accordingly learned Single Judge by observing that the oral order of termination of the petitioner (respondent herein) will remain stayed, what he meant, in our considered opinion, is that respondent shall be engaged in the same capacity in which he was being engaged earlier and not in regular capacity in any manner.
As to whether the respondent is entitled to be paid minimum of the pay-scale is the issue which is engaging attention in the writ petition which is yet to be decided. We, thus, clarify that pursuant to the order dated 21.11.2022, passed by the learned Single Judge in case the respondent is to be engaged, his engagement is to be necessarily in the same capacity in which he was earlier being engaged i.e. as daily wager. While clarifying as above, we also request the learned Single Judge to expedite the proceedings of Writ-A No. 7126 of 2022 and decide the same as early as possible.
The Special Appeal is disposed of in the aforesaid terms.
Order Date :- 16.2.2023
Sanjay
