Shyam Bihari vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 27082 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:63504
 
Court No. - 20
 

 
Case :- WRIT - A No. - 7486 of 2023
 

 
Petitioner :- Shyam Bihari
 
Respondent :- State Of U.P. Thru. Prin. Secy. Forest Deptt. Civil Sectt. Lko And 3 Others
 
Counsel for Petitioner :- Shivam Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

Petition has been filed seeking a direction to the opposite parties to consider case of petitioner for regularization on group D post in terms of the extant rules as well as for grant of minimum of the pay scale in terms of judgment rendered by this Court in the case of Rakesh Shukla versus State of U.P, Writ A No. 33864 of 20023 following the law laid down by Hon'ble Supreme Court in the case of Sabha Shankar Dube versus Divisional Forest Officer and others, Civil Appeal No. 10956 of 2018. It has been submitted that petitioner has been engaged as a daily wager on Class Iv post of Sweeper and is covered by relevant regularization Rules of 2016 but his case for regularization is not being considered.

For the aforesaid grievance, the petitioner has already submitted a representation but seeks liberty to file separate representations regarding regularization and grant of minimum of the pay scale.

Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before opposite party No. 3 i.e. Divisional Forest Officer, North Kheri Forest Division, Lakhimpur Kheri/ Deputy Director, Buffer zone, Dudhwa National Park (Tiger Reserve), District Lakhimpur Kheri. In case such a representation is filed, the same shall be decided in the light of judgments rendered in the case of Rakesh Shukla (supra) and Sabha Shankar Dube (supra) in case the same are applicable within with period of eight weeks from the date a copy of this order is produced before the said authority.

With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 4.10.2023

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