Babu Ram vs Sri Amit Singh P.S.F. Divisional Forest Officer Social Forestry Forest Range Sultanpur — Allahabad HC (2025) — LawSathi Research

Babu Ram vs Sri Amit Singh P.S.F. Divisional Forest Officer Social Forestry Forest Range Sultanpur — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No concluding relief at this stage: affidavit of compliance rejected; case listed on 25.04.2025 with direction to the respondent officer to file a fresh affidavit of compliance by the next date, failing which to appear in person before the Court for framing of charge.

Issue for consideration

Whether the opposite party (respondent officer) has complied with the order dated 30.09.2024 passed in Writ-A No. 8761 of 2024, i.e., whether his affidavit of compliance is in consonance with the directions issued by the writ Court.

Court's answer

Having considered the contents of the writ court's order and the affidavit of compliance filed by the respondent, the Court held that the affidavit of compliance is not prepared in consonance with the direction issued by the writ Court and rejected it.

Ratio / Principle

The Court directed that a fresh affidavit of compliance be filed by the respondent officer by the next date (case listed on 25.04.2025), failing which he shall appear in person before the Court for framing of charge.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 17), Hon'ble Rajeev Singh, J. — Contempt Application (Civil) No. 239 of 2025, order dated 25.3.2025. Applicant Babu Ram (counsel Hanumant Lal Yadav and Shailendra Singh Chauhan) alleged disobedience by the opposite party, Sri Amit Singh, P.S.F. Divisional Forest Officer, Social Forestry, Forest Range, Sultanpur, of the writ court's order dated 30.09.2024 passed in Writ-A No. 8761 of 2024. That writ order (reproduced in paras 8-16) had doubted, prima facie, any nexus between regularisation and payment of minimum pay scale, noted that daily wagers employed for long periods are entitled to minimum of pay scale in terms of the Apex Court dictum in Sabha Shanker Dube v. Divisional Forest Officer, (2019) 12 SCC 297, and called for an appropriate decision by the competent authority. On notice, the respondent filed an affidavit of compliance stating that the applicant had not completed 10 years of service and hence minimum pay scale was not granted; applicant's counsel urged that the Dube judgment contains no such observation. Holding the affidavit of compliance not prepared in consonance with the writ court's direction, this Court rejected it, listed the matter for 25.04.2025, and directed a fresh affidavit of compliance, failing which the respondent officer is to appear in person for framing of charge.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 239 of 2025

Applicant :- Babu Ram Opposite Party :- Sri Amit Singh P.S.F. Divisional Forest Officer Social Forestry Forest Range Sultanpur Counsel for Applicant :- Hanumant Lal Yadav,Shailendra Singh Chauhan

Hon'ble Rajeev Singh,J.

1. Heard.

The instant contempt application has been filed alleging disobedience of the order dated 30.09.2024 passed in Writ-A No. 8761 of 2024.

Notice was issued to the respondent for filing affidavit of compliance of the order dated 30.09.2024 passed in Writ-A No. 8761 of 2024, which is as under:-

"1. Heard Sri S.S. Chauhan, learned counsel for the petitioner and Shri Uttam Kumar Srivastava, learned Standing Counsel for the Staterespondents.

2. By means of this petition, the petitioner has prayed the following main reliefs:

"i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 2.2.2023 passed by opposite party No.5 as contained in Annexure No.1 to this writ petition.

(ii) Issue a writ, order direction in the nature or of Mandamus commanding/directing the opposite party No.4 to forthwith grant the minimum of the pay scale of Rs.18000/- as per the 7th Pay Commission, along with arrears since March, 2018 to the petitioners on Class IV Post, in terms of the judgment and order dateed 17.11.2018, rendered by this Hon'ble High Court at Allahabad in Writ A No.11964 of 2018 (Mohan Swaroop and another Versus State of U.P. & Others)."

3. While rejecting the claim of the petitioner for payment of minimum pay scale, the Divisional Forest Officer concerned has taken so many reasons but after perusing those reasons, prima facie, it appears that the authority concerned is not very clear on the aspect, as to whether, there is any nexus of regularising the services of the employee and making payment of minimum pay scale, in as much as, after regularising of the service of the employee he will be paid not only the regular pay scale but he will be paid other benefits, eg. increment of salary, dearness allowance, other admissible allowance, etc., whereas, the daily wager are only paid a minimum of pay scale as they are not paid other allowances, increments, etc. If the work from the daily wagers are taken for quite long time, they

are entitled for minimum of pay scale in terms of the dictum of the Apex Court in re:- Sabha Shanker Dube Vs. Divisional Forest Officer and Others, (2019) 12 SCC 297, wherein, the Apex Court has considered so many judgements, irrespective of the fact, as to whether, their services are liable to be regularised or not.

4. List and connect with Writ-A No. 4051 of 2024.

5. Till then, the counter affidavit may be filed.

6. In the meantime, an appropriate decision may be taken by the competent authority in terms of the aforesaid observation."

Affidavit of compliance is filed today by Mr. Amit Singh, Divisional Forest Officer, Social Forestry, Forest Range, Sultanpur, by which, it is informed that the applicant has not completed 10 years of service, therefore, minimum pay scale is not granted to him.

Learned counsel for the applicant submits that there is no such observation made in the judgement passed by Hon'ble Apex Court in the case of Sabha Shanker Dube vs. Divisional Forest Officer and Ors. reported in (2019) 12 SCC 297 , therefore, the order passed by the writ Court has not been complied with in letter and spirit.

Considering the contents of the order passed by the writ Court and going through the affidavit of compliance filed by the respondent, the affidavit of compliance is not prepared in consonance with the direction issued by the writ Court, therefore, the same is hereby rejected .

7. List this case on 25.04.2025.

By the next date, fresh affidavit of compliance be filed by the respondent officer, failing which, he shall appear in person before this Court for framing of charge.

Order Date :- 25.3.2025 Arpan

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