Sanjeev Kumar Saksena vs State Of ...
2023 Latest Caselaw 14909 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:32560
 
Court No. - 3
 

 
Case :- WRIT - A No. - 15489 of 2018
 
Petitioner :- Sanjeev Kumar Saksena
 
Respondent :- State Of U.P.Thru.Prin.Secy.Deptt.Of Forest Lko. And Ors.
 
Counsel for Petitioner :- Shivam Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for parties.

The petitioner has approached this Court challenging orders dated 06-04-2018 and 11-05-2018 passed by opposite parties.

By the said orders, recovery of Rs.1,85,360/- is directed to be made against the petitioner on the ground that being a daily wager/minimum pay scale earner, he is not entitled for the benefit of 7th Pay Commission.

Learned counsel for petitioner places reliance upon a judgment of the Supreme Court in State of U.P. And Ors Vs. Putti Lal, 2002(3) AWC 2375 SC. In the said judgment, Supreme Court held:

"5. In several cases, this court, applying the principle of equal pay for equal work has held that a daily wager, if he is discharging the similar duties as those in the regular employment of the Government, should at least be entitled to receive the minimum of the pay-scale though he might not be entitled to any increment or any other allowance that is permissible to his counterpart in the Government. In our opinion, that would be the correct position and we, therefore, direct that these daily-wagers would be entitled to draw at the minimum of the pay-scale being received by their counter-part in the Government and would not be entitled to any other allowances or increment so long as they continue as daily wager."

The Supreme Court has settled that daily wage employees from whom regular work is taken, are also entitled to minimum of pay scale being received by their counterparts in the Government. The Supreme Court has not settled that the said benefit would be available upto a particular Pay Commission. Thus, as pay scales of regular employees are modified with the enforcement of new Pay Commission, minimum of pay scale for daily wagers would also increase.

In view of law settled by the Supreme Court in Putti Lal (supra), impugned orders dated 06-04-2018 and 11-05-2018 cannot stand and are set aside.

The writ petition stands allowed.

[Vivek Chaudhary,J.]

Order Date :- 11.5.2023

Sachin