[Cites 2, Cited by 0]
Allahabad High Court
Mohd. Esmael And Another vs Vivek Yadav Divisional Forest Officer on 3 April, 2026
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:72107
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5350 of 2024
Mohd. Esmael And Another
.....Applicant(s)
Versus
Vivek Yadav Divisional Forest Officer
.....Opposite Party(s)
Counsel for Applicant(s)
:
Lallan Prasad Pal
Counsel for Opposite Party(s)
:
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court on 21.03.2024 while disposing of Writ-A No. 65494 of 2010 passed the following order:-
"1. Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
2. The petitioners by means of the present writ petition has prayed for a writ of mandamus directing the respondents to pay minimum pay scale.
3. The petitioners are working as daily wager in the forest department. The grievance of the petitioners is that he has not been paid minimum wages @ Rs.18,000/- as per the 7th Pay Commission and in this respect, he has submitted several representations to respondent-authorities, but till date, no action has been taken on the same.
4. A letter dated April 5th, 2023 has already been written by the Principal Chief Forest Conservator U.P. 17 Rana Pratap Mark Lucknow directing the all forest officers to comply with the judgement order passed by this Court in the case of Mohan Swaroop and Another Vs. State of U.P. and Others passed in Writ-A No.11964 of 2018. The relevant portion of the aforesaid letter is reproduced hereinbelow:-
""?????????????/???????
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???????-?????? 1812/6 ?????????, ??????, ????, ??????, 05 2023
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2-????? ?? ???????/????????? ?????? (???? ??? ????), ??????? (??? ??)
3- ????? ???????? ?????????/???????? ??????, (???? ??? ????), ??????? (??? ??)
????- ??? ?????? ???-11964/2018 ???? ?????? ? ???? ???? ?????? ????? ? ???? ?? ??? ??????? ??? ???????? ?? ??????? ????
??????-1. ?????? ????, ???????? ?? ??? ?????? ???????? ??????-3 ?? ???? ??????-??? 170/81-3-2023-300(12)/2009 ??? 20.03.2023 (?????? ????) ? ?? ???? ??? ???????? ?????? ???? ??? 105/81-3-2023-300(12)/2009 ??? 22.02.2023 (?????????? ??????? 1 ? 2 ???? ??)
2. ?????? ????, ???????? ?? ??? ?????? ???????? ??????-3 ?? ???? ??????-???- 183/81-3-2023-300(12)/2009 ??? 03.04.2023 (?????????? ??????? 3 ???? ??)
?????,
????????? ?????? ?? ????????? ??????? ???????? ?????? ???? ?????? 20.03.2023 ?? ??????? ??? ????? ??-
"???? ????? ?? ?? ???? ?? ???? ?????? ???-105/81-3-2023-300(12)/2009, ?????? 22.02.2023 ?????? ??? ?????? ??????-11964/2018 ???? ?????? ? ???? ???? ?????? ????? ? ???? ?? ??????? ??????? ?? ?????? 01.04.2018 ?? ??? 18,000/- ????? ??????? ???? ???????? ?????? ???? ???? ?? ??????? ???????? ???? ???? 2- ???? ???? ?????? 22.02.2023 ??? ???????? ??? ?????? ??????-11964/2018 ???? ?????? ? ???? ???? ?????? ????? ? ???? ?? ??????? ?????? ?? ????? ?? ??? ?????? ??????-11964/2018 ????
?????? ? ???? ???? ?????? ????? ? ???? ?? ??? ??????? ??? ???????? ?? ?????? ?? ???? ???? ?? ???????? ??????
22.02.2023 ?? ???? ?? ???? ?? ??????? ???? ???????"
??? ???? ???????? ?????? ???? ?????? 20.03.2023, 22.02.2023 ? 03.04.2023 ?? ????? ????? (???? ??) ?????? ?? ?????????? ???? ?????? ???? ??? ????????? ?? ??????? ???? ??? ??? ????????? ?? ??????/???????? ???? ?? ????? ?????? 05.03.2023 ?? ???????? ?????????, ??????? ????? ??????, ??????? ([email protected]) ?? ?????? ????? ??? ?????? ???? ????? ?? ???????, ???? ?????? ?????, ??????, ???? ([email protected]) ?? ????? ???? ? ????? ???? ??? ?????? ????? ????????? ?????
??? ??? ???????? ??? ??? 11.04.2023 ?? ???????? ??? ??? ?????? ????????? ???? ????????? ?????
??????? ?????? ??????? ??? 20.03.23, ??? 22.02.2023 ? 03.04.2023
(????? ????? ???? ??)
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(???? ????? ????)
?????? ????? ?? ??????? ?? ????????????,
??????, ?????"
5. Pursuant to the aforesaid letter, certain orders were passed by the concerned Forest Officers for making payment of Rs.18,000/- per month as per recommendation made by the 7th Pay Commission along with the arrears with effect from 01.04.2018. In this view of the matter, the Court is of the prima facie opinion that the petitioners are entitled for the relief as prayed for in the present petition.
6. Learned Standing Counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to concerned respondent authority to consider the grievance of the petitioners.
7. Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed off with liberty to the petitioners to file a fresh representation before the concerned respondent authority along-with a certified copy of this order raising all his grievances within a period of three weeks from today. In case any such representation is filed by the petitioners, the concerned respondent authority shall consider and decide the same in accordance with law by reasoned and speaking order within a period of two months thereafter.
8. If it is found that petitioners' case is covered by the judgement of Apex Court in the case of Sabha Shankar Dube Vs. Divisional Forest Officer & Others in Civil Appeal Nos.10957-10963 of 2018 and judgement of this Court in the case of Mohan Swaroop and Another Vs. State of U.P. and Others passed in Writ-A No.11964 of 2018, the concern respondent-authority shall pay minimum pay scale of Rs.18,000/- per month to the petitioners as per 7th pay commission and shall also pay arrears since April, 2018 in view of the fact that the Principal Chief Conservator of Forest filed an affidavit in Writ-A No.624 of 2023 admitting the claim of the petitioners in the said writ petition for payment of Rs.18,000/- per month as their wages on the basis of minimum pay scale in view of the settled principles of law laid down in the cases of Sabha Shankar Dube (supra) and Mohan Swaroop (supra) and, consequently, paid them minimum pay scale of Rs.18,000/- per month along-with arrears since April, 2018.
9. Since the writ petition has been decided on an ex-parte version without seeking any response from the respondents, thus the passing of the order today may not be construed to an expression that this Court has gone into the merits of the matter and the concerned respondent-authority shall accord independent consideration strictly in accordance with law and the mandate of law holding the field. "
2. In the compliance affidavit filed on behalf of opposite party on 30.04.2025, it has been stated that order of writ Court has been complied with and decision has been taken on 27.06.2024, copy of which has been appended as annexure-1 to compliance affidavit.
3. In view of said fact, as the order of writ Court has been complied with, the contempt application is rendered infructuous and stands dismissed. 4. Contempt notice stands discharged.
(Rohit Ranjan Agarwal,J.)
April 3, 2026
(V.S.SINGH)
