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2025 DAILYLAW 171039 (ALL)

SHAIL KUMARI RASTOGI v. STATE OF U.P. THRU. SECY. KARMIK DEPTT. LKO. AND 2 OTHERS

WRIA/12804/2024 · 2025-01-17

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3138 Court No. - 6 Case :- WRIT - A No. - 12804 of 2024 Petitioner :- Shail Kumari Rastogi Respondent :- State Of U.P. Thru. Secy. Karmik Deptt. Lko. And 2 Others Counsel for Petitioner :- Ram Ji Trivedi Counsel for Respondent :- C.S.C.,Raj Kumar Upadhyaya (R.K.Upadhyaya) Hon'ble Alok Mathur,J. 1. Heard Sri Ram Ji Trivedi, learned counsel for the petitioner as well as learned Standing Counsel for respondent no. 1 and Sri Raj Kumar Upadhyaya, learned counsel for respondent nos. 2 and 3. 2. Prayer made in the present writ petition is direction to the respondents to pay minimum pay-scale and other allowances to the petitoiner since 10.07.2003 in the light of the judgment and order dated 11.12.2015, passed in Writ-A No. 50490 of 2012. 3. It has been submitted by learned counsel for the petitioner that petitioner was engaged as Class IV employee in U.P. Public Service Commission on 20.12.1998 on daily wage basis. It is submitted that similarly situated persons as the petitioner, filed writ petition before this Court being Writ Petition No. 20078 of 2002 where orders were passed that petitioner therein would be entitled to similar relief which has been granted to persons Junior to them. 4. It is assertion of the petitioner persons junior to him are getting minimum pay-scale while the petitioner is only getting minimum wages. It is submitted that similar orders were also passed in Writ-A No. 50490 of 2012 - Raju and Another Vs. State of U.P. and Others (decided on 11.12.2015). 5. Learned counsel for the respondents have opposed the writ petition but do not dispute the aforesaid facts. 6. In the light of above, present writ petition is disposed of with direction to respondent no. 3 - Secretary, U.P. Public Service Commissioner, Allahabad to consider and decide petitioner's representation dated 09.09.2024 (annexed as Annexure-4 to the writ petition), in the light of directions of this Court passed in Writ-A No. 50490 of 2012 - Raju and Another Vs. State of U.P. and Others (supra), expeditiously, say within six weeks from the date of production of certified copy of this order, in accordance with law by means of reasoned and speaking order and communicate the decision to the petitioner. Order Date :- 17.1.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench