Disposed

Radhey Shyam Yadav v. State of Up and 2 Others

Allahabad HC14 Aug 2024WRIA/12253/2024

Case brief

AI extract

What is this about?

Daily-wage Watcher in the Forest Department challenged rejection of his claim for minimum pay scale and sought consideration for regularization. Court found the Sabha Shankar Dube principle disregarded, granted interim payment of minimum regular Class-IV pay without allowances or increment.

What did the court decide?

Interim: minimum regular Class-IV pay payable month to month; no allowances or increment; notice issued on stay application.

Radhey Shyam Yadav vs State of Up and 2 Others — Service and Employment | Allahabad HC (2024)

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Court No. - 5

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Case :- WRIT - A No. - 12253 of 2024

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Petitioner :- Radhey Shyam Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Bijendra Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble J.J. Munir,J.

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Order on writ petition

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Connect with Writ-A No. 11462 of 2024.

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The petitioner, who is a Watcher, working on daily wages under the establishment of the Divisional Forest Officer, Gorakhpur Division, Gorakhur, has challenged the order dated 18.05.2024, rejecting his claim for payment of the minimum pay scale. He has further prayed that a mandamus be issued to consider his case for regularization.

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The order impugned has been passed in compliance with the order dated 13.03.2024 in Writ-A No. 15131 of 2023. This Court while passing the order dated 13.03.2024, last mentioned, had directed the Divisional Forest Officer, Gorakhpur Division, Gorakhpur to bear in mind the law laid down by the Supreme Court in Sabha Shankar Dube v. Divisional Forest Officer and Others, (2019) 12 SCC 297 and the judgment of this Court in Mohan Swaroop and Another v. State of U.P. and others passed in WRIT - A No. - 11964 of 2018, which provide that minimum pay in the sum of Rs. 18,000/- per month would be paid to Class-IV employees in accordance with the Seventh Pay Commission. Nevertheless, the petitioner's representation has been rejected.

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The law laid down by the Supreme Court in Sabha Shankar Dube (supra) has been ignored as the learned Counsel for the petitioner submits. Prima facie this Court is in agreement with the submissions made by the learned Counsel for the petitioner. The impugned order shows that the principle in Sabha Shankar Dube (supra) has been disregarded.

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In substance, the decision in Sabha Shankar Dube (supra) and State of Punjab v. Jagjit Singh and others, (2017) 1 SCC 148 say that irrespective of worker's designation, an ad hoc employee, otherwise not regular, is entitled to a minimum pay scale payable

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to a corresponding Class-IV employee, in the regular establishment of forest department.

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Learned Standing Counsel is granted three week's time to file a counter affidavit.

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List for admission on 16.09.2024 in the additional cause list.

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Order on Civil Misc. Stay Application No. 1 of 2024

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Issue notice.

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Until further orders of this Court, petitioner shall be paid the minimum pay admissible to a regular Class-IV employee, working in the Forest Department on a month to month basis. However, the petitioner shall not be entitled to any allowances or increment.

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Let this order be communicated to the Divisional Forest Officer, Gorakhpur Division, Gorakhpur through the Chief Judicial Magistrate, Gorakhpur by the Registrar (Compliance) within 48 hours.

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Order Date :- 29.8.2024 gp

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Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad

Radhey Shyam Yadav v. State of Up and 2 Others

Case brief

What is this about?

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Radhey Shyam Yadav v. State of Up and 2 Others

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What did the court decide?

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