PREMPAL v. STATE OF U.P. THRU. PRIN. SECY. HORTICULTURE LKO. AND ANOTHER
WRIA/2836/2025 · 2025-03-12
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128159 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128159 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15079 Court No. - 6 Case :- WRIT - A No. - 2836 of 2025 Petitioner :- Prempal Respondent :- State Of U.P. Thru. Prin. Secy. Horticulture Lko. And Another Counsel for Petitioner :- Mohd. Ateeq Khan Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.
2. Petition has been filed seeking a direction to the opposite parties for payment of minimum of the pay scale of Class IV post to petitioner like other similarly situated daily wager working in the department.
3. It has been submitted that petitioner was engaged in the department on daily wage basis in the year 2015 and is performing same function and duties as are being performed by other daily wager employees of the department of the same post as well as with the same timings and therefore are entitled for minimum of the pay scale on the principle of equal pay for equal work.
4. Learned counsel for petitioners has relied upon judgment passed by Hon'ble Supreme Court in the case of Sabha Shankar Dube v. Divisional Forest Officer reported in AIR 2019 SC 220 to submit that petitioner is entitled for aforesaid benefit.
5. Considering aforesaid submissions advanced by learned counsel for parties and perusal of materiel on record, since
consideration of petitioners' grievance would also entail factual aspects, liberty is granted to petitioners to file fresh representations before opposite party No.2 i.e. Director of Horticulture Evam Food Processing Department, Lucknow which shall be considered and decided by the said authority in the light of judgment rendered by Hon'ble Supreme Court in the case of Sabha Shankar Dube(supra) in case the same is applicable, within a period of six weeks from the date a copy of this order is produced before him.
6. In view of aforesaid observations / directions, the writ
petition stands disposed of. (Alok Mathur, J.)
Order Date :- 12.3.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench