Neutral Citation No. - 2024:AHC-LKO:67699
Court No. - 4
Case :- WRIT - A No. - 8794 of 2024
Petitioner :- Akhilesh Kumar Tiwari
Respondent :- State Of U.P. Thru. Prin. Secy. Forest Deptt. Lko And 3
Others
Counsel for Petitioner :- Rishi Raj
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Rishi Raj, learned counsel for the petitioner and Sri
Aditya Srivastava, learned Standing Counsel appearing for the
State.
By means of this petition, the petitioner has prayed for the
following main relief:
"(i) Issue a writ or direction in the nature of Mandamus, commanding the
Opposite Parties to pay the minimum of pay scale of Rs. 18000/- per
month to the petitioner as per the 7th pay commission along with arrears
since July 2021 on Class-IVth Post of Beet Watcher, Sardula Nagar
Range, Gharighat Beet, District-Gonda, in the ends of justice."
Learned counsel for the petitioner has stated that in the identical
facts and circumstances orders have been passed by this Court
directing the competent authority to make payment of minimum
of pay scale of Rs. 18000/- per month in the light of the dictum
of Hon'ble the Apex Court in re: Sabha Shankar Dubey v.
State of U.P. & ors. in Civil Appeal No. 10956 of 2028. The
petitioner is serving as Daily Wager since July, 2021.
Learned counsel for the petitioner has further stated that liberty
may be given to the petitioner to approach the opp. party No.
3/Divisional Forest Officer, District Gonda, by moving a fresh
representation and irection may be issued to him to decide the
same with expedition.
Therefore, without entering into merit of the issue, I hereby
disposed of this case finally, giving liberty to the petitioner to
approach the opp. party No.3 by preferring a fresh
representation, taking all pleas available to him, enclosing
therewith copies of the relevant document(s) and
judgment/orders having been passed by this Court within a
period of 10 days, and if such a representation is preferred,
same shall be considered and disposed of strictly in accordance
with law within a period of 6 weeks from the date of production
of certified copy of this order and decision thereof shall be
intimated to the petitioner forthwith.
It is needless to say that appropriate order may be passed in the
light of the dictum of Hon'ble the Apex Court in the case of
Sabha Shanker Dubey (supra).
This petition is disposed of in the aforesaid terms.
(Rajesh Singh Chauhan, J.)
Order Date :- 30.9.2024
A.Nigam
Digitally signed by :-
ANUJ NIGAM
High Court of Judicature at Allahabad,
Lucknow Bench