Kalpnath Yadav vs State Of U.P. Thru. Its Addl. Chief ...
2023 Latest Caselaw 30112 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:71308
 
Court No. - 20
 

 
Case :- WRIT - A No. - 7978 of 2023
 

 
Petitioner :- Kalpnath Yadav
 
Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Forest Deptt. Lko. And 3 Others
 
Counsel for Petitioner :- Ram Bali Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State-respondents.

2. In pursuance of directions issued earlier, learned State Counsel submits that petitioner had been provided minimum of the pay scale as per recommendations of the 6th Pay Commission in the year, 2010 itself.

3. This petition raises a claim by petitioner, who retired on 31.01.2021 the Forest Department of the State for the last many many years for being paid salary in minimum of pay scale admissible for the post, against which they are working. It appears that benefit of minimum of pay scale was granted to the petitioners without any allowances in light of the observations made in various previous adjudications of this Court, but, all of a sudden, a Government Order has been issued on 08.03.2018, which states that benefit of minimum of pay scale as per 7th Pay Commission report would be made available only to those who are regular employees and not to those who are engaged on temporary basis/casual/daily wage basis. This Court, after hearing counsel for the parties, had passed a detailed order on 16.08.2018 holding as under:-

"Once the entitlement of the petitioners, to be paid minimum of pay scale admissible to a Class - IV employee, has been acknowledged by the respondents, it would be difficult to accept the contention of the respondents that minimum of pay scale, which is applicable now, would not be extended to them (the petitioners). What is relevant is the minimum of pay scale and not the Pay Commission reports; in as much as, Pay Commission reports are enforced for different periods depending upon the price index, etc. It is not in dispute that 7th Pay Commission report has been enforced in the State. The minimum of pay scale, as on date, would be the minimum of pay scale which is admissible to other similarly placed employees of the State carving out distinction for persons who are receiving salary in the minimum of pay scale, so as to deny them minimum of pay scale admissible to a similarly placed Government servant as on date, only on the ground that they are treated as daily wager, would be wholly irrational and violate Article 14 of the Constitution of India, apart from being violative of the directions issued by the Apex Court.

Prima facie, the State would not be justified in denying minimum of pay scale to the petitioners at par with other similarly placed Government employee (except allowances, etc.) only because there is no specific order granting minimum of pay scale to the daily wagers. The denial of minimum of wages on the strength of Government Order dated 08.03.2018 is also found to be unsustainable in law. This interpretation, on part of the respondents, appears to be inconsistent with and in teeth of the directions issued by the Apex Court from time to time. Although learned Additional Chief Standing Counsel has referred to various orders passed by the Apex Court, but those judgments, apparently, will have no applicability in the facts of the present case; in as much as, a specific direction of the Hon'ble Supreme Court, with regard to employees of Forest Department (which has already been implemented by them), would continue to be applicable upon them, particularly, when the latest order of the Hon'ble Supreme Court, inter se, parties arising out of the same contempt proceedings, reiterates the direction issued by the Apex Court in Putti Lal (supra).

In view of the above, it would be appropriate to extend one more opportunity to the respondents to examine their stand and to call upon the Additional Chief Secretary, Forest Department of the State of U.P. to clarify as to how the benefit of minimum of pay scale, which has been extended to these persons under the orders of the Apex Court, referred to above, could be withdrawn unilaterally by the State pursuant to the Government Orders impugned? The Officer shall also explain as to why the direction of Apex Court dated 02.02.2016 to deny salary to him and the Principal Chief Conservator of Forest be not enforced?

The Officer concerned, before filing his reply, is expected to be conscious of the fact that the direction issued by the Hon'ble Supreme Court is, otherwise, binding upon all the authorities by virtue of Article 141 of the Constitution of India.

Let the required affidavit be filed by 31st of August, 2018. Put up this case, in the additional cause list, on 31.08.2018."

4. The issue, as to whether such person is entitled to payment of salary in minimum of pay scale or not, has been examined by the Apex Court in a recent judgment dated 14.11.2018 delivered in Civil Appeal No. 10956 of 2018 (Sabha Shanker Dube Vs. Divisional Forest Officer and Others); wherein, following observations have been made by the Apex Court:-

"9. On a comprehensive consideration of the entire law on the subject of parity of pay scales on the principle of equal pay for equal work, this Court in Jagjit Singh (supra) held as follows:

"58. In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work cannot be paid less than another who performs the same duties and responsibilities. Certainly not, in a welfare State. Such an action besides being demeaning, strikes at the very foundation of human dignity. Anyone, who is compelled to work at a lesser wage does not do so voluntarily. He does so to provide food and shelter to his family, at the cost of his selfrespect and dignity, at the cost of his self-worth, and at the cost of his integrity. For he knows that his dependants would suffer immensely, if he does not accept the lesser wage. Any act of paying less wages as compared to others similarly situate constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation.?

10. The issue that was considered by this Court in Jagjit Singh (supra) is whether temporary employees (daily wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees and likewise) are entitled to the minimum of the regular pay scales on account of their performing the same duties which are discharged by those engaged on regular basis against the sanctioned posts. After considering several judgments including the judgments of this Court in Tilak Raj (supra) and Surjit Singh (supra), this Court held that temporary employees are entitled to draw wages at the minimum of the pay scales which are applicable to the regular employees holding the same post.

11. In view of the judgment in Jagjit Singh (supra), we are unable to uphold the view of the High Court that the Appellants-herein are not entitled to be paid the minimum of the pay sales. We are not called upon to adjudicate on the rights of the Appellants relating to the regularization of their services. We are concerned only with the principle laid down by this Court initially in Putti Lal (supra) relating to persons who are similarly situated to the Appellants and later affirmed in Jagjit Singh (supra) that temporary employees are entitled to minimum of the pay scales as long as they continue in service.

12. We express no opinion on the contention of the State Government that the Appellants are not entitled to the reliefs as they are not working on Group ?D? posts and that some of them worked for short periods in projects.

13. For the aforementioned reasons, we allow these Appeals and set aside the judgments of the High Court holding that the Appellants are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts. The State of Uttar Pradesh is directed to make payment of the minimum of pay scales to the Appellants with effect from 1st December, 2018."

5. The principles laid down by the Apex Court in State of U.P. & Others Vs. Putti Lal reported in 2006 (9) SCC 337 and State of Punjab and Others Vs. Jagjit Singh and Others reported in 2017 (1) SCC 148 have been specifically reiterated and re-enforced.

6. In that view of the matter, denial of minimum of pay scale to the petitioner, pursuant to the order impugned dated 08.03.2018, cannot be sustained. The writ petition, consequently, succeeds and is allowed. The Government Order dated 08.03.2018 stands quashed in so far as it relates to the petitioner in the present petition is concerned.

7. The petitioner, who was granted benefit of minimum of pay scale under 6th Pay Commission, would be entitled to benefit of minimum of pay scale, as is presently enforced after introduction of 7th Pay Commission report. He will also entitled to arrears, which would be computed and paid to him within a period of three months from the date of presentation of a certified copy of this order; however, without any allowances.

Order Date :- 31.10.2023

Mohd. Sharif