WPSS/659/2021
2021 Latest Caselaw 1908 UK

                   Office Notes,
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                                     WPSS No.659 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Shubhang Dobhal, Advocate, for the petitioners.

Mr. S.K. Mishra, Standing Counsel, for the State of Uttarakhand.

The petitioners of this writ petition, who are the Class IV employees, have contended in the writ petition that ever since their respective date of appointment i.e. April 2010, February 2011 and January 2015, they had been working with the respondents continuously and satisfactorily, without any break in services, but they have been deprived of being paid with the minimum of pay scale, as would be admissible, to a regularly appointed Class IV employees, as they are discharging the same nature of duties, as that of a regular employee of their cadre.

The petitioners contend that the action of the respondents happens to be in violation of the provisions contained under Article 39 (1)

(d) of the Constitution of India, as well as the principles, which have been laid down in the judgments rendered by the Hon'ble Apex Court in the case of State of Punjab Vs. Jagjeet Singh, as reported in 2017 (1) SCC, 145, as well as the judgment, which has been reported in 2019 (12) SCC, 297, "Sabha Shankar Dubey Vs. Divisional Forest Officer and others".

Agitating their claim, the petitioners have come up in the writ petition contending thereof, that they have already represented their case, and claim before the respondent No.2, who is their appointing authority, to consider their claim for the regularization and payment of minimum of pay scale.

Considering the overall facts and circumstances of the case, which has been narrated in the writ petition, and particularly, the contentions which has been raised with regards to the claim of parity based on the ratio laid down by the Hon'ble Apex Court. At this stage, this Court is of the view that, if the petitioners are discharging their services which are equivalent to that of a regular employee, in that eventuality they cannot be financially deprived of their minimum of pay scale, which is admissible to Class IV employees.

Hence, this writ petition is being disposed of with a direction to the respondent no.2, to forthwith start paying the minimum of wages to the petitioners, as contemplated by the judgment of the Jagjeet Singh (Supra), and so far as their claim for regularization is concerned, since the representation of the petitioners dated 20.02.2021, is already pending consideration before the respondent no.2, he will take a decision on the representation within a period of two months from the date of presentation of a certified copy of this order.

Subject to the above directions, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 17.06.2021

NR/