Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 132580 (ALL)

SHIVKUMAR AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HORTICULTURE LKO. AND 2 OTHERS

WRIA/3932/2025 · 2025-04-10

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:20202 Court No. - 18 Case :- WRIT - A No. - 3932 of 2025 Petitioner :- Shivkumar And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Horticulture Lko. And 2 Others Counsel for Petitioner :- Mohd. Ateeq Khan Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for petitioners 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 petitioners like other similarly situated daily wager working in the department. 3. It has been submitted that petitioners were engaged in the department on daily wage basis in year 2001, 2002 and 2013 respectively and are 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 petitioners are 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 individual 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. Order Date :- 10.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench