TRIBHUWAN AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HORTICULTURE EVAM FOOD PROCESSING DEPTT. LKO. AND 3 OTHERS
WRIA/9423/2025 · 2025-08-22
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159149 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159149 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49581 Court No. - 8 Case :- WRIT - A No. - 9423 of 2025 Petitioner :- Tribhuwan And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Horticulture Evam Food Processing Deptt. Lko. And 3 Others Counsel for Petitioner :- Krishna Nand Shukla,Umeshwar Pratap Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,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 opposite parties for payment of minimum of the pay scale of Class IV post in accordance with recommendations of 7th Pay commission.
3. It has been submitted that petitioners were engaged in the department on daily wage basis and are performing same function and duties as are being performed by regular 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 petitioner 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 petitioner's 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. With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 22.8.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench