Disposed

Barkat Ali v. State of Up and 2 Others

Allahabad HC14 Aug 2024WRIA/12255/2024

Case brief

AI extract

What is this about?

In Writ-A No. 12255 of 2024, the Allahabad High Court acknowledged a petitioner's claim for minimum pay as an ad hoc forest department employee. While noting the relevant precedent regarding Class-IV employees was disregarded by the lower order, the court granted an interim directive for pay pending a formal counsel affidavit.

What did the court decide?

Until further orders, petitioner shall be paid minimum admissible to regular Class-IV employee in Forest Department on month-to-month basis, excluding allowances and increment.

Barkat Ali vs State of Up and 2 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 5

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Case :- WRIT - A No. - 12255 of 2024

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Petitioner :- Barkat Ali 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, Gorakhpur, has challenged the order dated 18.05.2024, rejecting his claim for payment of the minimum pay scale.

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The order impugned has been passed in compliance with the order dated 13.03.2024 in Writ-A No. 15435 of 2023. This Court while passing the order dated135.03.2024, 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 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 counsel 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

Barkat Ali v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

Barkat Ali v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

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