Dharmendra Kumar vs State Of U.P. Thru. Prin. Secy. Of ...
2023 Latest Caselaw 28846 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:67425
 
Court No. - 20
 
Case :- WRIT - A No. - 8050 of 2023
 
Petitioner :- Dharmendra Kumar
 
Respondent :- State Of U.P. Thru. Prin. Secy. Of Forest Deptt. U.P. Lko. And 2 Others
 
Counsel for Petitioner :- Nand Kishore,Raj Kumar Dwivedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.

2. Petition has been filed seeking a direction to opposite parties for payment of minimum of the pay scale of Class IV post to petitioner in terms of the Government Order dated 08.08.2023 and judgments on the aforesaid.

3. It has been submitted that petitioner has been engaged in service on a Class IV post by the opposite parties in February, 2009 and is working as such continuously but has not yet been paid minimum of the pay scale.

4. It is submitted that petitioner's case is covered by judgment rendered by Hon'ble Supreme Court in the case of Sobha Shanker Dube versus Divisional Forest Officer and Others.

5. For the said grievance, petitioner has already submitted a representation but seeks liberty to file a fresh representation before the authority concerned. At present, learned counsel for petitioner restricts prayer for a decision with regard to same.

6. Considering the innocuous prayer being made by learned counsel for petitioner and without entering into merits of the case, liberty is granted to petitioner to file a fresh representation before opposite party no.3 i.e. Divisional Forest Officer-Ayodhya District Ayodhya, who shall consider and decide the same in the light of judgment rendered by Hon'ble Supreme Court in the case of Sobha Shanker Dube versus Divisional Forest Officer and Others, within a period of eight weeks from the date a certified copy of this order is produced before the said authority along with fresh representation.

7. With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 16.10.2023

Satish