Smt. Nirmala And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 25860 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:61028
 

 
Court No. - 20
 

 
Case :- WRIT - A No. - 6888 of 2023
 

 
Petitioner :- Smt. Nirmala And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Horticulture U.P. Lko. And 2 Others
 
Counsel for Petitioner :- Mohd. Ateeq Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioners and learned Standing Counsel for the State.

2. Present writ petition is filed by the petitioners claiming that they are working as a daily wager on Class-IV post, but they are not being paid minimum of pay scale as is being paid to similarly situated employees and in view of a judgment of the Supreme Court in the case of State of Punjab and others vs. Jagjit Singh and others (2017) 1 SCC 148, they are entitled for the said benefit.

3. Learned counsel for petitioners submits that grievance of petitioner would be sufficiently met in case representation of petitioners for the said purposes is considered and decided in a time bound manner.

4. Learned Standing Counsel has no objection to the same.

5. In view thereof, petitioners are permitted to make a fresh detailed representation to respondent no.2-Director, Horticulture and Food Processing, U.P., 2, Sapru Marg, Lucknow, raising all their grievance, annexing therewith a copy of this writ petition along with annexures and all the documents including a copy of the judgment of the Supreme Court in the case of Jagjit Singh (supra) in support of his claim within a period of three weeks from today along with a computer generated/certified copy of this order.

6. In case such a representation is moved by petitioners, respondent no.2 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of three months from the date a computer generated/certified copy of this order along with representation is placed before him.

7. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.

8.With the aforesaid directions, present writ petition is disposed of.

Order Date :- 21.9.2023

prabhat