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2025 DAILYLAW 130759 (ALL)

VICE CHANCELLOR, NARENDRA DEV UNIVERSITY OF AGRICULTURE AND TECHNOLOGY AYODHYA AND ANOTHER v. RAM KISHOR YADAV AND 2 OTHERS

SPLAD/129/2025 · 2025-04-03

Attau Rahman Masoodi, Karunesh Singh Pawar

body2025

Judgment text

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Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 129 of 2025 Appellant :- Vice Chancellor, Narendra Dev University Of Agriculture And Technology Ayodhya And Another Respondent :- Ram Kishor Yadav And 2 Others Counsel for Appellant :- Satyanshu Ojha Counsel for Respondent :- Deep Narayan Tripathi Hon'ble Attau Rahman Masoodi,J. Hon'ble Karunesh Singh Pawar,J. (I.A. No. 1 of 2025 - Application for Condonation of Delay) The intra-court appeal is delayed by so many days. In absence of any objection by the respondents and cause shown being sufficient in the affidavit filed in support of the application for condonation of delay, the delay deserves to be condoned. Accordingly, the delay in the intra-court appeal is hereby condoned. (Order on Special Appeal) Heard learned counsel for the appellant and Shri Deep Narayan Tripathi, learned counsel for the respondents. The instant intra-Court Appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules is directed against the order dated 21.01.2025 passed by a Single Judge Bench of this Court in Writ A No. 692 of 2025. Admittedly the respondents are getting benefit of minimum of pay scale on the basis of the recommendations of 6th pay commission already made applicable in the University. In the meantime, the recommendation of 7th pay commission have also been made applicable to the regular employees of the University vide order dated 19.02.2018, as contained in Annexure No. 2 to the writ petition. On perusal of the judgment impugned herein, it is gathered that the Writ Court has dully considered all the relevant aspects of the matter. It is evident from the impugned judgment that the Division Bench judgment rendered in the case of Chandra Shekhar Azad Agricultural and Technological University and 2 others vs. Rajendra Prasad Pandey and 20 others, Special Appeal No.435 of 2018, was found to be squarely applicable in the facts and circumstances of the present case. In para 9 of the impugned judgment, there appears to be an admission on behalf of the appellant regarding the factual position being similar. In this view of the matter, the argument put forth by the appellant’s counsel to the effect that the benefit of the recommendation of 7th Pay Commission as is available to the regular employees cannot be made applicable to the daily wage employees is unfair and unjust. In our humble consideration, the argument put forth is unsustainable. The daily wage employees who have already served for more than twenty years in the institution cannot be deprived of the minimum of pay scale particularly when the said benefit was granted to them while implementing recommendation of sixth pay commission. The judgment rendered by the learned Single Judge, in our humble consideration does not suffer from any illegality calling for interference. The intra court appeal filed against the judgment and order dated 21.01.2025 is accordingly rejected. (Karunesh Singh Pawar,J.) (Attau Rahman Masoodi,J.) Order Date :- 3.4.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench