Allowed

Prem Kumar v. State of U.P. Thru. Its Prin. Secy. Horticulture Lko. and Others

Allahabad HC25 Apr 2024/3232/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a writ petition filed by a daily wager seeking equivalent minimum pay scale adjustment under the 7th Pay Commission. The bench relied on settled Supreme Court precedents granting temporary employees minimum pay scales of regular counterparts to set aside the rejection of the petitioner's representation.

What did the court decide?

Impugned order dated 05.02.2024 set aside. Respondents directed to pay petitioner the minimum pay scale paid to similarly situated regular employees.

Prem Kumar Vs State of U.P. Thru. Its… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:32267

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Court No. - 6

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Case :- WRIT - A No. - 3232 of 2024

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Petitioner :- Prem Kumar Respondent :- State Of U.P. Thru. Its Prin. Secy. Horticulture Lko. And Others Counsel for Petitioner :- Mohd. Ateeq Khan Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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Heard learned counsel for petitioner and learned Standing Counsel for the State.

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With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

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The petitioner, who is working as a daily wager since the year 2007 is not being paid minimum of pay scale as is being paid to the persons performing the same work in the department. However, he has been denied the benefit of revision of minimum of pay scale on the recommendation of 7th Pay Commission, which is already granted to regular employees. His representation moved in this regard is also rejected by the impugned order dated 05.02.2024.

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Since the pay scales of regular employees are already enhanced by giving benefit of 7th Pay Commission, therefore, it goes without saying that as per the law settled by the Supreme Court in the cases of Haryana and another. Vs. Tilok Raj and others, (2003) 6 SCC 123 . Sabha Shanker Dube. Vs. Divisional Forest Officer and others., (2019) 12 SCC 297 and State of U.P. and others. Vs. Putti Lal, (2006) SCC 337, where it was re-affirmed that temporary employees are entitled to minimum of the pay scales as long as they continue in the service as regards counterparts performing same work, the petitioners are also entitled for minimum of pay scale as is being paid to the persons performing the same work in the department.

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Learned Standing Counsel could not dispute the law settled by Supreme Court in the aforesaid judgments.

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In view thereof, the impugned order dated 05.02.2024 cannot stand and is set aside. The respondents are directed to pay minimum of pay scale to the petitioner that is being paid to similarly situated regular employees performing the same work.

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The writ petition is accordingly allowed.

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Order Date :- 25.4.2024 Pachhere/-

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

Prem Kumar v. State of U.P. Thru. Its Prin. Secy. Horticulture Lko. and Others

Case brief

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Prem Kumar v. State of U.P. Thru. Its Prin. Secy. Horticulture Lko. and Others

Case brief

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