Neutral Citation No. - 2025:AHC-LKO:506-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 491 of 2023 Appellant :- State Of U.P. Thru. Prin. Secy. Deptt. Horticulture And Food Processing Govt. Secrt. Lko And Others Respondent :- Rizwan Ahmad Counsel for Appellant :- C.S.C. Counsel for Respondent :- Mohd. Ateeq Khan Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. (I.A. No.01 of 2024-Delay Condonation Application) 1. Heard 2. This is an application seeking condonation of delay in filing the instant Special Appeal. 3. No objection has been filed against this application. 4. Cause shown in the affidavit filed in support of application is sufficient. 5. Application is allowed and delay in filing the instant Special Appeal is condoned. (Order on Appeal) 1. Heard Shri Prafull Yadav, the learned Additional Chief Standing Counsel- appellant- State of U.P. and Mohd. Ateeq Khan, the learned counsel for the respondent. 2. The instant intra Court Appeal has been filed by the appellant- State of U.P. against judgment and order dated 07.12.2021 passed by an Hon'ble Single Judge of this Court allowing Writ A No.4304 of 2017. 3. The aforesaid writ petition was filed by the respondent challenging an order dated 17.01.2017 passed by the Director, Horticulture and Food Processing, U.P. Lucknow and praying for a direction to the respondents to pay minimum of pay-scale for the post of Driver belonging to Class-III category to the petitioner. 4. The learned Additional Chief Standing Counsel has submitted that the petitioner's claim for payment of minimum of pay-scale has been rejected by means of an order dated 17.01.2017 on the ground that the petitioner had worked as daily wage labour and there is no provision for payment of minimum of pay-scale to any person appointed as daily wage labour. Further, there is no sanctioned post of Mali in the district. 5. A bare perusal of the order dated 17.01.2017 indicates that the petitioner's claim that he has worked as Driver since August 2008, has not been disputed 6. The Writ Court relied upon the judgment passed by the Hon'ble Supreme Court in the cases of Sabha Shanker Dubey v. Divisional Forest Officer and Ors. passed in Civil Appeal No.10956 of 2018 and State of Punjab and Ors. v. Jagjit Singh & Ors. reported in 2016 (3) LBESR 5665 SC, wherein minimum of pay-scale was directed to be paid on the principle of equal pay for equal work and for ensuring dignity of service to daily wage employee. 7. We find ourselves in agreement with the view taken by the Hon'ble Single Judge that the petitioner is also entitled to be paid the minimum of pay-scale. 8. There is no force in Special Appeal and accordingly, the Special Appeal is hereby dismissed. . (Subhash Vidyarthi,J.) (A. R. Masoodi,J.) Order Date :- 3.1.2025 -Amit K- Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench