Ram Nivas And 5 Others vs State Of U.P. Thru. Its Prin. Secy. ...
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Allahabad High Court

Ram Nivas And 5 Others vs State Of U.P. Thru. Its Prin. Secy. ... on 18 February, 2025

Author: Alok Mathur

Bench: Alok Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:10485
 
Court No. - 6
 
Case :- WRIT - A No. - 2026 of 2025
 
Petitioner :- Ram Nivas And 5 Others
 
Respondent :- State Of U.P. Thru. Its Prin. Secy. Horticulture And 2 Others
 
Counsel for Petitioner :- Mohd. Ateeq Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Alok Mathur,J.
 

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

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

3. It has been submitted that petitioners were engaged in the department on daily wage basis in between the year 2009 to 2020 and are performing same function and duties as are being performed by other daily wager employees of the department of the same post as well as with the same timings and therefore are entitled for minimum of the pay scale on the principle of equal pay for equal work.

4. Learned counsel for petitioners 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 petitioners are entitled for aforesaid benefit.

5. Considering aforesaid submissions advanced by learned counsel for parties and perusal of materiel on record, since consideration of petitioners' grievance would also entail factual aspects, liberty is granted to petitioners to file fresh representations before opposite party No.2 i.e. Director of Horticulture Evam Food Processing Department, Lucknow 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.

6. In view of aforesaid observations / directions, the writ petition stands disposed of.

(Alok Mathur, J.)

Order Date :- 18.2.2025/RKM.