KAMTA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. FOREST DEPTT. LKO. AND 6 OTHERS
WRIA/11419/2025 · 2025-09-24
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166853 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166853 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11419 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. . 1. Heard Sri M.P. Verma, learned counsel for the petitioner and learned Additional Chief Standing Counsel appearing for the Respondents No.1 to 6. 2. The captioned writ petition has been filed by the petitioner, interalia praying therein for the following reliefs-: (i) issue a writ, order or direction in the nature of mandamus, commanding the opposite parties to pay Rs. 18,000/- per month, as minimum of revised pay scale/ matrix, to the petitioner, on the basis of 7th pay Commission report, in view of order passed by Apex court, in Case of State of U.P. and others Versus Putti Lal, reported in 2002 (2) UPLBEC 1595 and 2006 (9) SCC 337, as well as, State of Punjab and others Versus Jagjeet Singh and others, reported in 2017 (1) SCC 148 immediately, for each and every month regularly. (ii)issue a writ, order or direction, in the nature of mandamus, commanding the opposite parties, to pay the arrears of minimum pay scale, since March, 2017 to October, 2017, September, 2022 to November, 2022, February, 2023 to June, 2023 and July, 2025 to September, 2025, as admissible to class IVth regular employees, on the basis of revised pay scale under 7th pay commission report, also on the basis of equal pay for equal work along with interest 18% per annum,in view of aforesaid orders. (iii) issue a writ, order or direction, in the nature of mandamus commanding the opposite parties (opposite party no. 5,6 and 7 particularly), not to create any hindrance/ interference, to work the petitioner on class IVth post and not to remove him from the post, as oftenly threat is given by opposite party no. 5,6 and 7. 3. It has been contended on behalf of the petitioner that he is working as a Daily Versus Counsel for Petitioner(s) : Mahendra Pratap Verma Counsel for Respondent(s) : C.S.C. Kamta Prasad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Forest Deptt. Lko.
And 6 Others .....Respondent(s)
Wager in Joginiya Chakiya Forest Range, District Bahraich and is performing the same duties which are being performed by the incumbents working on the regular Class- IV posts in the forest department, therefore, he is entitled for salary at the minimum of the pay scale admissible to regularly appointed Class- IV employees in view of the law laid down by the Hon'ble Supreme Court in the case of State of U.P. & Ors vs Putti Lal, reported in 2006 (9) SCC 337 and State of Punjab and Ors vs Jagjeet Singh and Ors. reported in 2017 (1) SCC 148 as well as Sabha Shanker Dub e vs. Divisional Forest Officer & Ors.( Civil Appeal No.10956 of 2018). 4. Learned counsel appearing for the petitioner submits that the petitioner may be permitted to file a detailed representation taking all the grounds available to him in support of his claim and the respondents may be directed to consider and decide the said representation, by passing a speaking and reasoned order within a time frame fixed by this Court. 5. Learned Additional Chief Standing Counsel appearing for the respondents does not have any objection if this Court permits the petitioner to file a detailed representation before the competent authority and the said representation is considered and decided by passing a speaking and reasoned order, within a time frame fixed by this Court. 6.
I have considered the submissions made by the learned counsels appearing for the parties and I find that the claim of the petitioner, for equal pay for equal work i.e. payment of salary to him at the minimum of the pay scale, is yet to be adjudicated by the competent authority, therefore, I find it a fit case to permit the petitioner to file a detailed representation before the Respondent No.5 i.e. Divisional Forest Officer, Bahraich,Van Prabhag, Bahraich and the said authority may consider and decide the said representation, by passing a speaking and reasoned order. 7. In view of the aforesaid reasons, this writ petition is finally disposed of with liberty to the petitioner to file a detailed representation regarding his claim, mentioning therein all the judgements relied by him in support of his claim, before Respondent No.5 i.e. the Divisional Forest Officer, Bahraich,Van Prabhag, Bahraich within a period of 15 days from today and if such representation is filed, the same shall be considered and decided by passing a speaking and reasoned order, within a period of two months thereafter. September 24, 2025 Shahnaz WRIA No. 11419 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench