RAM BARAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. FOREST LKO. AND 3 OTHERS
WRIA/11589/2025 · 2025-09-25
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167073 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167073 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11589 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J.
1. Heard Sri Sanjeev Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel appearing for the respondents. 2. The instant writ petition has been filed by the petitioner, inter alia praying therein for the following relief:-
"(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to provide the minimum of the pay scale to the petitioner and regularized his services from the date the juniors to the petitioner have been regularized by the opposite parties. (ii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iii) Allow the writ petition with cost in favour of the petitioner."
3. It has been contended on behalf of the petitioner that he is working in the capacity of daily wager in the Forest Department of the State of U.P. with effect from the Versus Counsel for Petitioner(s) : Sanjeev Kumar Pandey, Ram Alok Singh Counsel for Respondent(s) : C.S.C. Ram Baran .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Forest Lko. And 3 Others .....Respondent(s)
month of July, 2011. It has further been contended that the petitioner is performing the identical duties which are being performed by the regular incumbents appointed on Class IV posts, therefore, he is entitled for the salary at the minimum of the pay scale admissible to regular Class IV employees of the department.. 4. Learned counsel for the petitioner has submitted that the controversy, in regard to payment of salary at minimum of the pay scale to the daily wagers,had already been considered and decided by the Hon'ble Supreme Court in the cases of State of U.P. and others Vs. Putti Lal reported in 2006(9) SCC 337, State of Punjab Vs. Jagjit Singh reported in 2017(1) SCC, 148 and Shobha Shanker Dube Vs. Divisional Forest Officer and others reported in 2019(12)SCC 297. 5. Learned counsel for the petitioner has also submitted that the petitioner had already filed a representation, for regularization of his services on Class IV post and for payment of salary at the minimum of the pay scale, to the Divisional Forest Officer, Gonda but till date the petitioner's case has not been considered and decided.
6.Learned Standing Counsel appearing for the respondents, on the other hand, has submitted that he has no objection if this writ petition is disposed of with the direction to Respondent No.3 to consider and decide the petitioner's representation in the light of the judgements rendered by the Hon'ble Supreme Court within a fixed WRIA No. 11589 of 2025 2
time framed. 7. I have considered the submissions made by the learned counsels for the parties and I find that the petitioner is continuously working since July,2011 as daily wager in the Forest Department of the State of U.P. I further find that the representation of the petitioner, for consideration of his case for regularization of his services and payment of salary at the minimum of the pay scale, is pending with the respondents and has not been considered and decided till date. 8. In view of aforesaid facts and circumstances, this writ petition is finally disposed of with liberty to the petitioner to file a fresh representation before Respondent No.3/ Divisional Forest Officer, Gonda, raising therein his entire claim and also mentioning therein the judgments rendered by Hon'ble Supreme Court relied on by him, within a period of two weeks from today and if such representation is filed, the Respondent no.3 is hereby directed to consider and decide the same by a speaking and reasoned order, within a period of two months thereafter. September 25, 2025 dk/ WRIA No. 11589 of 2025 3 (Manjive Shukla,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench