Anna Pal and Another vs State of U.P. and Others

Shishir Kumar, J.—This is an application for correction of the order dated 18.3.2010.

It appears that another order of other writ petition has been transcribed, therefore, it is being substituted by following fresh order-

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 Vinod Kumar Srivastava Vs. District Inspector of Schools, Jalaun and Others, 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 v. 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 v. State of U.P. and Ors.. When the said order was not complied with proceedings for contempt were initiated by means of Contempt Application (Civil) of 2009 Lakshmi Chandra v. 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, as similar order has already been passed in the writ petition mentioned above, therefore, I am of opinion that this writ petition can be disposed of directing respondents to take into consideration the judgment of the Apex Court reported in Putti Lal''s case and accordingly pay to petitioner monthly salary as minimum of the pay scale admissible to Class-IV employees in the pay band of Rs. 6050/-, in case, petitioner is working. As regards, consideration for regularization is concerned, respondents are directed to consider claim of 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.

The application for correction application is disposed of. No order as to costs.

Disposed of.

For orders see my orders of date passed in Civil Misc. Correction Appln. No. 319776 of 2010.