Bablu vs State Of U.P. Thru. Addl.Secy. ...
2023 Latest Caselaw 27526 ALL

Citation : 2023 Latest Caselaw 27526 ALL
Judgement Date : 6 October, 2023

Allahabad High Court

Bablu vs State Of U.P. Thru. Addl.Secy. ... on 6 October, 2023

Bench: Manish Mathur





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:64420
 
Court No. - 20
 

 
Case :- WRIT - A No. - 7583 of 2023
 

 
Petitioner :- Bablu
 
Respondent :- State Of U.P. Thru. Addl.Secy. Horticulture Evam Food Processing Deptt. And 3 Others
 
Counsel for Petitioner :- Krishna Nand Shukla,Nishant Kumar Shukla,Sanjay Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

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

2. 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.

3. It has been submitted that petitioner was engaged in the department on daily wage basis and is 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.

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

5. 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 petitioner to file fresh representation before 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 :- 6.10.2023

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