Banshi Lal Vs State of U.P. Thru. Prin. Secy. Ayush Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Banshi Lal Vs State of U.P. Thru. Prin. Secy. Ayush Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to pass a fresh order regarding payment of the minimum of the pay scale, expeditiously within two weeks from presentation of a certified copy of the order before opposite party no.3 (Regional Ayurvedic and Unani Officer, District - Bahraich); writ petition disposed of with these directions.

Issue for consideration

Whether the direction contained in the writ Court's order dated 12.02.2018 in W.P. No.4437 (SS) of 2018 (to consider the petitioner's representation) has been complied with, particularly as regards the grant of minimum of the pay scale to the petitioner.

Court's answer

The directions of the writ Court dated 12.02.2018 in W.P. No.4437 (SS) of 2018 have not been complied with, inasmuch as the aspect of grant of minimum of the pay scale to the petitioner has not been considered.

Ratio / Principle

The respondents are directed to pass a fresh order with regard to payment of the minimum of the pay scale expeditiously, within two weeks from the date a certified copy of this order is presented before opposite party no.3, the Regional Ayurvedic and Unani Officer, District - Bahraich.

Detailed headnote1 paragraphs

WRIT - A No. 2879 of 2025, Allahabad High Court (Lucknow Bench), Alok Mathur J., order dated 12.3.2025 (Neutral Citation 2025:AHC-LKO:15166). The petitioner, working as Part Time Sweeper under the Regional Ayurvedic and Unani Officer, District - Bahraich since 22.09.2007 and drawing Rs.500/- per month, had earlier secured an order dated 12.02.2018 in W.P. No.4437 (SS) of 2018 directing consideration of his representation (dated 08.01.2017) seeking regularization and minimum of the pay scale. The impugned order of the Regional Ayurvedic and Unani Officer rejected the regularization claim as ineligible. Holding that the 12.02.2018 directions were not complied with on the minimum-pay-scale aspect, the Court directed a fresh order on payment of minimum of the pay scale within two weeks of presentation of a certified copy before opposite party no.3, and disposed of the writ petition accordingly. No monetary award was made.

Neutral Citation No. - 2025:AHC-LKO:15166

Court No. - 6

Case :- WRIT - A No. - 2879 of 2025

Petitioner :- Banshi Lal

Respondent :- State Of U.P. Thru. Prin. Secy. Ayush Lko. And 3 Others

Counsel for Petitioner :- Mukut Bihari Tripathi,Ram Vishal Tripathi

Counsel for Respondent :- C.S.C.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner as well as learned Standing Counsel on behalf of the State.

It has been submitted by the counsel for the petitioner that the petitioner is working on the post of Part Time Sweeper in the Regional Ayurvedic and Unani Officer, District - Bahraich since 22.09.2007 and had made several representations with regard to his regularization and grant of minimum of the pay scale. It is in this regard, the petitioner has preferred a writ petition before this Court previously being Writ Petition No.4437 (SS) of 2018 which was disposed of by means of order dated 12.02.2018 directing the opposite parties to consider the representation of the petitioner by a reasoned and speaking order.

A perusal of the representation of the petitioner dated 08.01.2017 annexed as Annexure no.6 to the petition indicates that the petitioner had prayed for grant of minimum of the pay scale considering the fact that he was being paid Rs.500/- per month. On the other hand, in the impugned order passed by the Regional Ayurvedic and Unani Officer, District - Bahraich that the claim of the petitioner for regularization has been rejected stating that he is not eligible and entitled to be regularized in

terms of the regularization rules of 116.

In the aforesaid circumstances, it seems that the directions of the writ Court dated 12.02.2018 passed in Writ Petition No.4437 (SS) of 2018 has not been complied with inasmuch as the aspect of grant of minimum of the pay scale to the petitioner has not been considered. Accordingly, respondents are directed to pass a fresh order with regard to payment of the minimum of the pay scale expeditiously say within a period of two weeks from the date a certified copy of the order is presented before the opposite party no.3, Regional Ayurvedic and Unani Officer, District - Bahraich.

With the aforesaid directions, the writ petition is disposed of .

[ Alok Mathur,J. ]

Order Date :- 12.3.2025 KR

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