Disposed¶21

Sabhajeet Yadav v. Sri Amit Singh P.S.F. Divisional Forest Officer Social Forestry, Sultanpur

Allahabad HC28 Jan 2025CAPL/240/2025

Case brief

AI extract

What is this about?

Contempt; affidavit of compliance rejected; disobedience of writ Court order dated 23.09.2024 in Writ-A No. 8361 of 2024; minimum pay-scale Rs. 18,000/- (7th Pay Commission); arrears since March 2018; Class IV post; daily wager; Sabha Shanker Dube v. Divisional Forest Officer (2019) 12 SCC 297; Mohan Swaroop Writ A No. 11964 of 2018; Divisional Forest Officer, Social Forestry, Sultanpur; 10 years of service; fresh affidavit of compliance by 25.04.2025; failure to comply — personal appearance and framing of charge.

What did the court decide?

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 he shall appear in person before this Court for framing of charge. ¶21

Sabhajeet Yadav vs Sri Amit Singh P.S.F. Divisional Forest Officer Social Forestry, Sultanpur — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the affidavit of compliance filed by the respondent-officer is in consonance with the direction issued by the writ Court in its order dated 23.09.2024 passed in Writ-A No. 8361 of 2024. +1 more

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Court's answer

The affidavit of compliance filed by the respondent is not prepared in consonance with the direction issued by the writ Court and is accordingly rejected.

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Ratio / Principle

A fresh affidavit of compliance is to be filed by the respondent officer by the next date (25.04.2025), failing which he shall appear in person before this Court for framing of charge.

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Detailed headnote1 paragraphs

Contempt Application (Civil) No. 240 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Rajeev Singh, J.), order dated 25.3.2025 — Sabhajeet Yadav v. Sri Amit Singh, P.S.F. Divisional Forest Officer, Social Forestry, Sultanpur. Alleged disobedience of the writ Court's order dated 23.09.2024 in Writ-A No. 8361 of 2024, whereby the competent authority was to take an appropriate decision on the petitioner's claim for minimum pay-scale of Rs. 18,000/- per 7th Pay Commission with arrears since March 2018 on a Class IV post, in terms of Mohan Swaroop (Writ A No. 11964 of 2018) and Sabha Shanker Dube v. Divisional Forest Officer, (2019) 12 SCC 297. The respondent DFO filed an affidavit of compliance stating the applicant had not completed 10 years of service and was therefore not granted minimum pay scale. Held, the affidavit of compliance was not prepared in consonance with the writ Court's direction and was rejected; a fresh affidavit of compliance was directed to be filed by 25.04.2025, failing which the respondent officer was to appear in person before the Court for framing of charge.

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 240 of 2025

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

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Hon'ble Rajeev Singh,J.

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1. Heard.

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The instant contempt application has been filed alleging disobedience of the order dated 23.09.2024 passed in Writ-A No. 8361 of 2024.

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Notice was issued to the respondent for filing affidavit of compliance of the order dated 23.09.2024 passed in Writ-A No. 8361 of 2024, which is as under:-

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"1. Heard Sri S.S. Chauhan, learned counsel for the petitioner and Shri S.K. Singh, learned Standing Counsel for the State-respondents.

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

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"(i). issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 06.06.2024, passed by the opposite party no.5 as contained in Annexure Number 1 to this writ petition.

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(ii). issue a writ, order or direction in the nature of Mandamus commanding/directing the Opposite Party Number 5 to forthwith grant the minimum pay-scale of Rs. 18,000/- as per 7th Pay Commission, along with arrears since March 2018 to the petitioner on Class IV Post, in terms of the judgment dated 17.11.2018, rendered by the Hon'ble High Court at Allahabad in Writ A Number 11964 of 2018 (Mohan Swaroop and Another versus State of U.P. and Others) as well as the law laid down by Hon'ble Supreme Court in the case of Sabha Shankar Dube reported in (2019) 12 Supreme Court Cases 297."

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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,

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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.

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

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

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

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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.

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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.

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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 .

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List this case on 25.04.2025.

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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.

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Order Date :- 25.3.2025 Arpan

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

Sabhajeet Yadav v. Sri Amit Singh P.S.F. Divisional Forest Officer Social Forestry, Sultanpur

Case brief

What is this about?

What did the court decide?

Sabhajeet Yadav v. Sri Amit Singh P.S.F. Divisional Forest Officer Social Forestry, Sultanpur

Case brief

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