Allahabad High Court
State Of U.P. Thru. Addl. ... vs Satya Narayan on 21 November, 2024
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:76850-DB
Chief Justice's Court
Case :- SPECIAL APPEAL No. - 406 of 2023
Appellant :- State Of U.P. Thru. Addl. Chief/Prin.Secy. P.W.D. U.P. Govt. Lko. And Others
Respondent :- Satya Narayan
Counsel for Appellant :- Sri Amitabh Roy learned Additional Chief Standing Counsel.
Hon'ble Arun Bhansali,Chief Justice
Hon'ble Jaspreet Singh,J.
1. This appeal is directed against the order dated 19.01.2023 passed by the learned Single Judge in Writ-A No.26796 of 2021 whereby the writ petition filed by the respondent has been allowed and the impugned order dated 20.09.2021 passed by the appellants has been set aside. The respondent has been held entitled for minimum of pay scale as per the law settled by Hon'ble the Supreme Court. The appellants have been directed to pay minimum of a pay scale to the respondent forthwith from the date of a certified copy of the order is placed before them.
2. The writ petition was filed questioning the validity of the order dated 20.09.2021 whereby the claim of the respondent for payment of minimum of a pay scale as a muster-roll employee was rejected. The reason indicated was that as per the financial handbook he was not entitled for payment of minimum of the pay scale.
3. Before the learned Single Judge, reliance was placed on judgment in Sabha Shankar Dubey vs Divisional Forest Officer & Ors; (2019) 12 SCC 297, following which, the learned Single Judge rejected the contention raised on behalf of the appellants that the minimum of the pay-scale is payable only to those who are appointed temporarily against the sanctioned posts and as the petitioner was not appointed on the sanctioned post, he was not entitled to the said pay scale with reference to the judgment in the case of Sabha Shankar Dubey, (supra).
4. Learned counsel for the appellants reiterated the submissions as raised before learned Single Judge that as the respondent has not been appointed against the sanctioned post, the minimum of the pay scale cannot be granted to him even in terms of judgment in the case ofSabha Shankar Dubey (supra).
5. We have considered the submissions made by the learned counsel for the appellants and have perused the material available on record.
6. The Hon'ble Supreme Court in the case of Sabha Shankar Dubey, (supra) with reference to the judgment in State of Punjab and Others vs. Jagjit Singh and Ors; (2017) 1 SCC 148 wherein specific issue was raised pertaining to entitlement of those who were temporary employees (daily-wage employees, ad-hoc appointees, employees appointed on casual basis, contractual employees and likewise) to get the minimum of the regular pay-scale, on account of their performing the same duties, which are discharged by those engaged on regular basis 'against the sanctioned posts' specifically answered the said aspect by holding them entitled to the the minimum of pay scale which are applicable to the regular employees holding the same post.
7. In view of the categorical dictum of Hon'ble Supreme Court in the above cases, no case for interference is made out in the present appeal and the same is therefore, dismissed.
Order Date :- 21.11.2024
Harshita/Asheesh
(Jaspreet Singh, J.) (Arun Bhansali, CJ.)
