Sher Singh And 9 Others vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 27346 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:64012
 
Court No. - 20
 

 
Case :- WRIT - A No. - 7569 of 2023
 

 
Petitioner :- Sher Singh And 9 Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Horticulture Evam Food Processing Deptt. Lko. And 3 Others
 
Counsel for Petitioner :- Krishna Nand Shukla,Nishant Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

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

Petition has been filed seeking a direction to the opposite parties for payment of minimum of the pay scale of Class IV post in accordance with recommendations of 7th Pay commission.

It has been submitted that petitioners were engaged in the department on daily wage basis and are performing same function and duties as are being performed by regular employees of the department of the same post as well as with the same timings and therefore are entitled for minimum of the pay scale on the principle of equal pay for equal work.

Learned counsel for petitioner has relied upon judgment passed by Hon'ble Supreme Court in the case of Sabha Shankar Dube versus Divisional Forest Officer reported in AIR 2019 SC 220 to submit that petitioner is entitled for aforesaid benefit.

Considering aforesaid submissions advanced by learned counsel for parties and perusal of materiel on record, since consideration of petitioner's grievance would also entail factual aspects, liberty is granted to petitioners to file fresh individual representations before the opposite party No.2 i.e. Director of Horticulture Evam Food Processing Department, Lucknow which shall be considered and decided by the said authority in the light of judgment rendered by Hon'ble Supreme Court in the case of Sabha Shankar Dube(supra) in case the same is applicable within a period of six weeks from the date a copy of this order is produced before him.

Order Date :- 5.10.2023

prabhat