Aivaran Singh @ Pappu vs State Of U.P. And 2 Others
2023 Latest Caselaw 24630 ALL

Citation : 2023 Latest Caselaw 24630 ALL
Judgement Date : 12 September, 2023

Allahabad High Court

Aivaran Singh @ Pappu vs State Of U.P. And 2 Others on 12 September, 2023

Bench: Abdul Moin





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:177005
 
Court No. - 37
 

 
Case :- WRIT - A No. - 14509 of 2023
 

 
Petitioner :- Aivaran Singh @ Pappu
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rajesh Tewari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

1. Case called out.

2. None appears for the petitioner.

3. It is informed that lawyers are abstaining from work, as such the Court has itself gone through the pleadings and has also heard learned Standing Counsel appearing on behalf of the respondents.

4. With the consent of learned Standing Counsel appearing for the respondents, the writ petition is finally being disposed of.

5. Instant petition has been filed praying for a mandamus commanding the respondents to regularize the service of the petitioner and pay the salary at the rate of Rs.18,000/- per month as minimum wages/pay scale.

6. The facts of the case are that the petitioner is working on daily wage basis/muster roll since 2018 yet neither he has been considered for regularization nor minimum pay scale has been paid to him. Reliance has been placed on the judgment of the Apex Court in the case of Sabha Shankar Dube vs. Divisional Forest Officer and others reported in (2019) 12 SCC 297 to contend that the Apex Court has held that in case a person is working on daily wage basis he is entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts.

7. However, the Court is of the view that the matter is to be considered by the competent authority at the first instance.

8. In view of the above, it is provided that in case the petitioner submits a fresh comprehensive representation within two weeks from today before respondent no.3 then respondent no.3 shall endevour to decide the same in accordance with law keeping in view the judgment of the Apex Court in the case of Sabha Shanker Dube (supra) by means of a reasoned and speaking order within a further period of eight weeks from the date of receipt of a certified copy of this order along with representation.

9. With the aforesaid direction, writ petition is disposed of.

10. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner.

Order Date :- 12.9.2023

A. Katiyar