Akshan v. State of Up and 3 Others

Court No. - 5

Case :- WRIT - A No. - 11347 of 2024

Petitioner :- Akshan Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ramendra Kumar Shukla Counsel for Respondent :- C.S.C.

Hon'ble J.J. Munir,J.

Order on Writ Petition

Connect with Writ- A No. 10215 of 2024.

The petitioner is a Class IV employee working in the Establishment of the Prabhagiya Van Adhikari, Van Prabhag, District- Farrukhabad. The grievance of the petitioner is that he is being paid total emoluments in the sum of 5226 per day.₹

The submission is that he is entitled to be paid the minimum pay-scale at the rate of ₹18,000 per month in accordance with the Seventh Pay Commission. He has represented his case a number of times, but to no avail. Learned Counsel for the petitioner has placed reliance upon the decision of the Supreme Court in Sabha Shanker Dube v. Divisional Forest Officer and another, (2019) 12 SCC 297 . In Sabha Shanker Dube (supra) it was held:

"11. The issue that was considered by this Court in Jagjit Singh [State of Punjab v. Jagjit Singh, (2017) 1 SCC 148 : (2017) 1 SCC (L&S) 1] is whether temporary employees (daily-wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees and likewise) are entitled to the minimum of the regular pay scales on account of their performing the same duties which are discharged by those engaged on regular basis against the sanctioned posts. After considering several judgments including the judgments of this Court in Tilak Raj [State of Haryana v. Tilak Raj, (2003) 6 SCC 123 : 2003 SCC (L&S) 828] and Surjit Singh [State of Punjab v. Surjit Singh, (2009) 9 SCC 514 : (2009) 2 SCC (L&S) 696] , this Court held that temporary employees are entitled to draw wages at the minimum of the pay scales which are applicable to the regular employees holding the same post.