Court No. - 38 Case :- WRIT - A No. - 44334 of 2010 Petitioner :- Shyam Pal Singh Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Pankaj Srivastava Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Learned counsel for the petitioner has submitted that in an
identical matter in writ petition no. 61128 of 2009 this court has
passed interim order dated 19.11.2009 as under :-
“Heard Sri Pankaj Srivastava, learned counsel for the petitioner
and learned Standing counsel.
The petitioners are Daily Wages Employees (Group – D) working
in the Forest Department. Their services have not been regularised
for want of vacancy. However, as they have completed ten years of
continuous service as Daily Wagers they are entitle to minimum of
the pay scale of 6th pay commission which is admissible to class –
IV employees.
It is submitted that in view of the decision of the Apex Court in
State of U.P. and others Vs. Putti Lal (2002)2 UPLBEC 1597 this
Court has disposed of various petitions directing the Forest
Department to pay minimum of the pay scale admissible to Class –
IV employees. Reliance has been placed upon a judgment and
order dated 17.2.2009 passed in Civil Misc. Writ Petition
No.63684 of 2005 (Sada Ali Vs. Division Forest Officer). It has
further been submitted that a similar order was passed on
23.10.2008 in Civil Misc. Writ Petition No.43443 of 2004
(Lakshmi Chandra Vs. State of U.P. and others). When the said
order was not complied with proceedings for contempt were
initiated by means of Contempt Application (Civil) of 2009
(Lakshmi Chandra Vs. Sri N.K. Janu). In the said contempt
petition on behalf of Forest Department an undertaking was given
that the minimum of the pay scale admissible to Class – IV
employees i.e. Rs.2550/- per month, which has now been increased
to Rs.6050/- per month as per the report of the VI Pay Commission
shall be paid to Class – IV employees who have completed 10
years service.
In view of above facts and circumstances, an interim mandamus is
issued to the respondents either to pay the petitioners monthly
salary as per the minimum of the pay scale admissible to Class –
IV employees in the pay band of Rs. 6050/- or show cause within a
period of one month from today.”
In view of the aforesaid facts and circumstances, in my opinion, an
interim mandamus be issued to the respondents to take into
consideration the judgment of the apex court reported in Putti Lal’s
case and accordingly pay the petitioner monthly salary as
minimum of the pay scale admissible to Class-IV employees in the
pay band of Rs.6050/-, in case the petitioner is working. As
regards the consideration for regularization is concerned,
respondents are directed to consider the claim of the petitioner
strictly in accordance with law, if he comes under the criteria of
the Regularization Rules.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 30.7.2010
NS