Rajesh Kumar Yadav vs State Of U.P. Thru. Addl. Chief Secy. ...
2024 Latest Caselaw 17030 ALL

Allahabad High Court

Rajesh Kumar Yadav vs State Of U.P. Thru. Addl. Chief Secy. ... on 14 May, 2024

Author: Abdul Moin

Bench: Abdul Moin

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:36817
 
Court No. - 6
 

 
Case :- WRIT - A No. - 3744 of 2024
 

 
Petitioner :- Rajesh Kumar Yadav
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Horticulture U.P. Lko. And 2 Others
 
Counsel for Petitioner :- Rahul Roshan Dubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.
 

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

2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

3. Petition has been filed seeking a direction to the opposite parties for payment of minimum of the pay scale of Class IV post to petitioner like other similarly situated daily wager working in the department.

4. It has been submitted that petitioner was engaged in the department on daily wage basis in year 2003 and is performing same function and duties as are being performed by other daily wage employees of the department of the same post as well as with the same timings and therefore is entitled for minimum of the pay scale on the principle of equal pay for equal work.

5. 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.

6. 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 a fresh representation before opposite party No.3 i.e. District Horticulture Officer, Sultanpur, 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.

7. Writ petition is disposed of.

Order Date :- 14.5.2024

prateek