State of U.P. Thru. Prin. Secy. Deptt. of Horticulture and Food Processing Lko. and 2 Others v. Smt. Hajrun Nisha and 3 Others
Case brief
What is this about?
AHC Lucknow Bench, Special Appeal (Defective) No.125 of 2025, decided 26.03.2025 by Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I (Neutral Citation 2025:AHC-LKO:17343-DB); appellant State of U.P. (Deptt. of Horticulture and Food Processing) v. respondents Smt. Hajrun Nisha and 3 Others; appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 against Single Judge judgment dated 18.12.2023 in Writ A No.9675 of 2023 concerning payment of salary in the minimum of pay scale to petitioners who served as Mali, extending benefit of judgment dated 09.02.2023 in Writ A No.8812 of 2022 (Jai Prakash Verma) and judgment dated 25.01.2009 in Writ Petition No.16326 (S/S) of 2017 (Ramesh Kumar Yadav, affirmed in Spl. Appeal Defective No.338 of 2019). Appellate contentions: petitioners mere casual daily wagers, no minimum-pay-scale provision for daily wagers, no sanctioned Mali post. Court relied on the Ramesh Kumar Yadav precedent and decade-long Mali service, found no illegality in impugned judgment, dismissed appeal; delay in filing condoned. Keywords: minimum of pay scale, daily wage, casual employee, Mali, parity with similarly situated claimant, delay condonation, Chapter VIII Rule 5.