Ranjit Singh Yadav Alias Ranjit Kumar and Another Vs State of U.P. Thru. Its Prin. Secy. Horticulture, U.P. Lucknow and 2 Others — Allahabad HC (2024) — LawSathi Research

Ranjit Singh Yadav Alias Ranjit Kumar and Another Vs State of U.P. Thru. Its Prin. Secy. Horticulture, U.P. Lucknow and 2 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed; impugned order dated 27.12.2023 quashed; petitioners declared entitled to minimum of the pay scale applicable to regular employees working on the same post; respondent no. 2 directed to make payment forthwith.

Issue for consideration

Whether the petitioners, appointed on the post of Mali (Class IV) on daily wage basis, are entitled to the minimum of the pay scale given to similarly situated persons / applicable to regular employees on the same post.

Court's answer

Since the case of the petitioner is squarely covered by the Judgment/Order dated 25-01-2019 passed in Writ Petition No. 16326(S/S) of 2017 (Ramesh Kumar Yadav Versus State of U.P. and Others), the writ petition is allowed and the impugned order dated 27.12.2023 is quashed.

Ratio / Principle

The petitioners shall be entitled to minimum of the pay scale applicable to regular employees working on the same post.

Key takeaways

The respondent no. 2 is directed to make payment of the minimum of the pay scale to the petitioner forthwith.ratio¶14

Detailed headnote1 paragraphs

Neutral Citation 2024:AHC-LKO:21650 | WRIT - A No. 1118 of 2024 (Hon'ble Manish Kumar, J.; order dated 12.3.2024, Allahabad High Court, Lucknow Bench): Petitioners, appointed on the post of Mali (Class IV) in May, 2012 and 2015 on daily wage basis (initially Rs. 322/- per day), sought minimum of the pay scale applicable to regular employees on the same post; their 2023 representation was rejected by the Director, Horticulture & Food Processing, U.P. (respondent no. 2) by order dated 27.12.2023. Held: the case is squarely covered by this Court's Judgment/Order dated 25-01-2019 in Writ Petition No. 16326(S/S) of 2017, Ramesh Kumar Yadav Versus State of U.P. and Others, which withstood the State's Special Appeal Defective No. 338 of 2019 (dismissed 18-09-2019) and Special Leave to Appeal No. 2665 of 2019 before the Supreme Court (dismissed 22-11-2019), following which minimum pay scale was paid to Sri Ramesh Kumar Yadav (order dated 06-12-2019). Writ petition allowed; impugned order dated 27.12.2023 quashed; petitioners entitled to minimum of the pay scale applicable to regular employees working on the same post; respondent no. 2 directed to make payment forthwith.

Neutral Citation No. - 2024:AHC-LKO:21650

Court No. - 18

Case :- WRIT - A No. - 1118 of 2024

Petitioner :- Ranjit Singh Yadav Alias Ranjit Kumar And Another Respondent :- State Of U.P. Thru. Its Prin. Secy. Horticulture, U.P. Lucknow And 2 Others Counsel for Petitioner :- Mohd. Ateeq Khan Counsel for Respondent :- C.S.C.

Hon'ble Manish Kumar,J.

Heard learned counsel for the petitioner and learned State Counsel for the opposite parties.

The present writ petition has been preferred by the petitioner for quashing of the order dated 27.12.2023 passed by the respondent no. 2/Director, Horticulture & Food Processing, U.P. Lucknow and further to direct the respondents to provide the minimum of the pay scale to the petitioner on the post of Mali belonging to Class IV category similarly situated persons are getting.

The petitioners were initially appointed on the post of Mali in May, 2012 and 2015 on daily wage basis, initially getting Rs. 322/- per day. In the year 2023, the petitioners submitted a representation to the respondent no. 2 for payment of the wages as Mali as the petitioners are fulfilling the criteria for appointment on the post of Mali. The representation of the petitioners was rejected by the impugned order dated 27.12.2023.

Learned counsel for the petitioners has submitted that the case of the petitioners is squarely covered by the Judgment/Order of this court dated 25-01-2019 passed in Writ Petition No. 16326(S/S) of 2017, inre : Ramesh Kumar Yadav Versus State of U.P. and Others . The said Judgment/Order dated 25-01-2019 was challenged in the Special Appeal Defective No 338 of 2019, by the State and the said Special Appeal Defective No. 338 of 2019 was dismissed by this court by a detailed order dated 18-092019. Against the Judgment/Order dated 18-09-2019 passed in the Special Appeal Defective No. 338 of 2019, the State preferred Special Leave to Appeal No. 2665 of 2019, before the Supreme Court and the same was also dismissed by the Supreme Court vide its order dated 2211-2019 and thereafter, minimum of the pay scale was given to Sri Ramesh Kumar Yadav by order dated 06-122019.

Learned State Counsel has opposed the prayer made in the writ petition, but, failed to dispute the Judgment of this court, which has been upheld by the Supreme Court. He

has also failed to dispute that the case of the petitioner is not squarely covered by the said Judgment.

After hearing learned counsel for both the parties, since the case of the petitioner is squarely covered by the Judgment/Order dated 25-01-2019 passed in Writ Petition No. 16326(S/S) of 2017, inre : Ramesh Kumar Yadav Versus State of U.P. and Others , the writ petition is allowed and the impugned order dated 27.12.2023 is hereby quashed.

The petitioners shall be entitled to minimum of the pay scale applicable to regular employees working on the same post.

The respondent no. 2 is directed to make payment of the minimum of the pay scale to the petitioner forthwith.

Order Date :- 12.3.2024 DiVYa

Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench