Dismissed¶18

State of U.P. Thru. Addl. Chief Secy. Horticulture U.P. Lko. and 2 Others v. Hori Lal and Another

Allahabad HC28 Jul 2025SPLAD/312/2025

Case brief

AI extract

What is this about?

minimum of pay-scale; post of Mali; Class-IV category; daily wage labour; no sanctioned post; parity with similarly situated employee; Ramesh Kumar Yadav v. State of U.P.; Director Horticulture and Food Processing U.P. Lucknow; intra-court Special Appeal; delay condonation I.A. No.01 of 2025; State of U.P. v. Hori Lal; Allahabad High Court Lucknow Bench; 2025; SLP dismissed; pay-scale entitlement

What did the court decide?

Cause shown in the affidavit filed in support of the delay condonation application is sufficient; the application is allowed and delay in filing the Special Appeal is condoned. ¶10

State of U.P. Thru. Addl. Chief Secy. Horticulture U.P. Lko. and 2 Others Vs Hori Lal and Another — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC-LKO:43454-DB

¶2

Court No. - 1

¶3

Case :- SPECIAL APPEAL DEFECTIVE No. - 312 of 2025 Appellant :- State Of U.P. Thru. Addl. Chief Secy. Horticulture U.P. Lko. And 2 Others Respondent :- Hori Lal And Another Counsel for Appellant :- C.S.C. Counsel for Respondent :- Mohd. Ateeq Khan

¶4

Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.

¶5

(I.A. No.01 of 2025-Delay Condonation Application)

¶6

Heard.

¶7

This is an application seeking condonation of delay in filing the instant Special Appeal.

¶8

No objection has been filed against this application.

¶9

Cause shown in the affidavit filed in support of application is sufficient.

¶10

Application is allowed and delay in filing the instant Special Appeal is condoned.

¶11

( Order on Appeal )

¶12

Heard Shri Prafull Yadav, the learned Additional Chief Standing Counsel- appellant- State of U.P. and Shri Sahil Sajjad, Advocate holding brief of Mohd. Ateeq Khan, the learned counsel for the respondent.

¶13

The instant intra Court Appeal has been filed by the appellant- State of U.P. against judgment and order dated 21.11.2024 passed by an Hon'ble Single Judge of this Court allowing Writ-A No.10772 of 2024.

¶14

The aforesaid writ petition was filed by the respondent challenging an order dated 12.09.2024 passed by the Director, Horticulture and Food Processing, U.P. Lucknow and praying for a direction to the respondents to pay minimum of pay-scale for the post of Mali belonging to Class-IV category to the petitioner.

¶15

The petitioner had relied upon a judgment dated 25.01.2009 passed by this Court in Writ Petition No.16326 (S/S) of 2017 titled Ramesh Kumar Yadav v. State of U.P. and Others, which was affirmed by an order dated 18.09.2019 passed in Special Appeal Defective No.338 of 2019. SLP (Civil) No.2665 of 2019 filed by the State against the aforesaid order was dismissed by means of and order dated 22.11.2019.

¶16

It is recorded in the order passed by the Writ Court that the learned Standing Counsel could not dispute that the case of the petitioner is squarely covered by the aforesaid judgment passed in Ramesh Kumar Yadav (Supra). However, in Appeal, the learned Additional Chief Standing Counsel has submitted that the petitioner's claim for payment of minimum of pay-scale has been rejected by means of an order dated 12.09.2024 on the ground that the petitioner had worked as daily wage labour and there is no provision for payment of minimum of pay-scale to any person appointed as daily wage labour. Further, there is no sanctioned post of Mali in the district.

¶17

A bare perusal of the order dated 12.09.2024 indicates that the petitioner's claim that he has worked as Mali since August 2013 , has not been disputed. When it is admitted that the petitioner has worked as Mali for more than a decade and when a writ petition filed by another similarly situated person Shri Ramesh Kumar Yadav has been allowed and the judgment has not been interfered with in Special Appeal or even in SLP, we find ourselves in agreement with the view taken by the Hon'ble Single Judge that the petitioner is also entitled to be paid the minimum of pay-scale.

¶18

There is no force in Special Appeal and accordingly, the Special Appeal is hereby dismissed .

¶19

(Subhash Vidyarthi,J.) (Attau Rahman Masoodi,J.)

¶20

Order Date :- 28.7.2025 Shahnaz

¶21

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

State of U.P. Thru. Addl. Chief Secy. Horticulture U.P. Lko. and 2 Others v. Hori Lal and Another

Case brief

What is this about?

What did the court decide?

State of U.P. Thru. Addl. Chief Secy. Horticulture U.P. Lko. and 2 Others v. Hori Lal and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sadhna Dubey vs Sri Abhishek Singh III Civil Judge Jr. Division Tanda/ Jm Ambedkarnagar U.P.

Sadhna Dubey vs Sri Abhishek Singh III Civil Judge Jr. Division Tanda/ Jm Ambedkarnagar U.P.

M/S Afaq Brick Field Thru Proprietor Nargish Vs State of U.P. Thru Prin.Secy. Deptt. of Forests, Environment and Climate Change and Ors.

M/S Anil Ent Udyog Lucknow Thru Proprietor Sushil Kumar Chandani vs State of U.P. Thru Addl. Chief Secy. Environment Forests and Climate Change Lucknow and Ors.

State of U.P. Thru. Addl. Chief Secy. Horticulture U.P. Lko. and 2 Others vs Hori Lal and Another

Sunil Kumar vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 4 Others