Parideen vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1454 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 8594 of 2022
 

 
Petitioner :- Parideen
 
Respondent :- State Of U.P. Thru. Prin. Secy. Forest Dept. Civil Secrett. Lko. And 4 Others
 
Counsel for Petitioner :- Mahendra Pratap Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for petitioner and learned Standing Counsel for the State.

The petitioner, who is working as a daily wager since the year 1996 is not being paid minimum of pay scale as is being paid to the persons performing the same work in the department. However, he has been denied the benefit of revision of minimum of pay scale, which is already granted to regular employees.

Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.

Since the pay scales of regular employees are already enhanced by giving benefit of 7th Pay Commission, therefore, it goes without saying that as per the law settled by the Supreme Court in the case of 'State of U.P. and others. Vs. Putti Lal, 2006 (9) SCC 337', where it was re-affirmed that temporary employees are entitled to minimum of the pay scales as long as they continue in the service as regards counterparts performing same work, the petitioner is also entitled for minimum of pay scale as is being paid to the persons performing the same work in the department.

Learned Standing Counsel could not dispute the law settled by Supreme Court in the aforesaid judgment and has no objection in case representation of the petitioner is directed to be decided in a time bound manner.

In view thereof, without entering into the merits of the case, petitioner is permitted to make a fresh detailed representation to respondent no.5 Prabhagiya Vanadhikari, Bahraich Van Prabhag, Bahraich, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of her claim within a period of two weeks from today along with a certified copy of this order.

In case such a representation is moved by petitioner, respondent no.5 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him.

With the aforesaid directions, present writ petition is disposed of.

Order Date :- 13.1.2023

Arti/-

[Vivek Chaudhary,J.]