Manish Kumar Tiwari v. State of U.P. and Another

Court No. - 34 Case :- WRIT - A No. - 7331 of 2023 Petitioner :- Manish Kumar Tiwari Respondent :- State of U.P. and Another Counsel for Petitioner :- Anjani Kumar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.

¶1Heard Sri Gaurav Kumar, learned Advocate holding brief of Sri Anjani Kumar, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

¶2Petitioner, who is working as volunteer of U.P. Prantiya Rakshak Dal (PRD), is claiming some wages as minimum of the wages as being paid to Home Guards and Grah Rakshak in the State of Uttar Pradesh.

¶3It is submitted by learned counsel for the petitioner that identical issue had earlier been raised in Writ-A No.2829 of 2022 (Rajveer Singh & 62 ors vs. State of UP & ors) along with connected maters in which final judgment was delivered on 03.08.2023 issuing directions for recomputing the remuneration and allowances to the Jawans of U.P. Prantiya Rakshak Dal at par with the Grah Rakshak and Homeguards of the State under the orders of the Supreme Court in Grah Rakshak, Home Guards Welfare Association vs. State of H.P. & ors; 2015 (6) SCC 247. The operative portion of the order passed by this Court in the aforesaid bunch of petitions dated 03.08.2023 is reproduced hereunder: "20. Directions are issued for recomputing the remuneration/allowances payable to the Jawans of Uttar Pradesh Prantiya Rakshak Dal at such rates, total of which 30 days (a month) comes to minimum of the pay to which a police personnel in the State Government is entitled as directed by the Supreme Court in the case of Grah Rakshak, Home Guards Welfare Association (supra). The State Government shall also pass orders for paying the emoluments/remunerations to the petitioners at a rate equivalent to which is being paid to the Home Guards from time to time. The State Government shall pass requisite orders as directed above within a period of three months from today. "

¶4This Court earlier noticing above writ petition had passed following orders on 19.05.2023: "Sri Gaurav Kumar, Advocate, holding brief Sri Anjani Kumar, learned counsel for the petitioner submits that identical controversy is engaging the attention of this Court in Writ-A No.1527 of 2021 & Writ-A No.11308 of 2021. List and connect with Writ-A No.1527 of 2021. In the meantime, learned Standing Counsel may file counter affidavit. "

¶5A counter affidavit has been filed in which though stand has been taken that the State Government has been revising from time to time and enhancing thereby the monthly emoluments of the volunteers of the Prantiya Rakshak Dal, but nothing has been stated to counter the legal position as has emerged out from the judgment of Co-ordinate Bench of this Court in Rajveer Singh & 62 ors (supra).

¶6In view of the above, this petition stands disposed of in terms of the directions issued by this Court in Writ-A No.2829 of 2022 (Rajveer Singh & 62 ors vs. State of UP & ors). Order Date :- 17.11.2023 P Kesari High Court of Judicature at Allahabad