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2025 DAILYLAW 130480 (ALL)

ANANT RAM AND ANOTHER v. STATE OF U.P. THRU. SECY. FOREST DEPTT. U.P. LKO. AND ANOTHER

WRIA/3361/2025 · 2025-04-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18305 Court No. - 18 Case :- WRIT - A No. - 3361 of 2025 Petitioner :- Anant Ram And Another Respondent :- State Of U.P. Thru. Secy. Forest Deptt. U.P. Lko. And Another Counsel for Petitioner :- Prem Chandra Chauhan,Kashi Ram Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Learned counsel for the petitioners has submitted that a direction may be issued to the respondents to pay the minimum of the pay scale as it has been given to the similarly situated person, namely, Pawan Kumar Singh from 16.01.2023. Learned counsel for the petitioners has also placed reliance upon the judgement of Hon'ble Supreme Court in the case of Sabha Shanker Dube vs. Divisional Forest Officer reported in 2019 (37) LCD 319. The relevant paras no.9, 10, 11, and 13 are quoted hereinbelow: "On a comprehensive consideration of the entire law on the subject of parity of pay scales on the principle of equal pay for equal work, this Court in Jagjit Singh (supra) held as follows:- 58. In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work cannot be paid less than another who performs the same duties and responsibilities. Certainly not, in a welfare State. Such an action besides being demeaning, strikes at the very foundation of human dignity. Anyone, who is compelled to work at a lesser wage does not do so voluntarily. He does so to provide food and shelter to his family, at the cost of his self- respect and dignity, at the cost of his self-worth, and at the cost of his integrity. For he knows that his dependants would suffer immensely, if he does not accept the lesser wage. Any act of paying less wages as compared to others similarly situate constitutes an act of exploitative enslavement, emerging out of a domineering position. Undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation." 10. The issue that was considered by this Court in Jagjit Singh (supra) is whether temporary employees (daily wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees and likewise) are entitled to the minimum of the regular pay scales on account of their performing the same duties which are discharged by those engaged on regular basis against the sanctioned posts. After considering several judgments including the judgments of this Court in Tilak Raj (supra) and Surjit Singh (supra), this Court held that temporary employees are entitled to draw wages at the minimum of the pay scales which are applicable to the regular employees holding the same post. 11. In view of the judgment in Jagjit Singh (supra), we are unable to uphold the view of the High Court that the Appellants-herein are not entitled to be paid the minimum of the pay sales. We are not called upon to adjudicate on the rights of the Appellants relating to the regularization of their services. We are concerned only with the principle laid down by this Court initially in Putti Lal (supra) relating to persons who are similarly situate. 13. For the aforementioned reasons, we allow these Appeals and set aside the judgments of the High Court holding that the Appellants are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts. The State of Uttar Pradesh is directed to make payment of the minimum of pay scales to the Appellants with effect from 1 st December, 2018." It is further submitted that the petitioners are still working as mentioned in Para 4 of the writ petition. Hence, the petitioners are entitled for the minimum basic pay scale and the cases of the petitioners are squarely covered by the judgement of Hon'ble Apex Court as mentioned above. Learned Standing counsel is unable to dispute the facts that the petitioners are still working on the post and also unable to distinguish the law laid down by the Hon'ble Apex Court in the case of Sabha Shanker Dube (supra), as per the instructions received. In view of the above, the writ petition is allowed. The petitioners are entitled to be paid minimum of the pay scale regularly as given to the similarly situated person, who has been given benefit by order 16.01.2023. The said exercise be done within a period of two months from the date certified copy of this order is served. Order Date :- 2.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench