Avnish Kumar v. State of U.P Thru. Prin. Secy. Horticulture Civil Secrt. Lko. and 2 Others

Court No. - 20 Case :- WRIT - A No. - 7799 of 2023 Petitioner :- Avnish Kumar Respondent :- State Of U.P Thru. Prin. Secy. Horticulture Civil Secrt. Lko. And 2 Others Counsel for Petitioner :- Mohd. Ateeq Khan Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned Standing Counsel for the State.

¶2Present writ petition is filed by the petitioner claiming that he is working as a daily wager on Class-IV post since the year 2019, but he is not being paid minimum of pay scale as is being paid to similarly situated employees and in view of a judgment of the Supreme Court in the case of Sabha Shanker Dube vs. Divisional Forest Officer & Ors.; [(2019) 12 SCC 297], he is entitled for the said benefit.

¶3Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.

¶4Learned Standing Counsel has no objection to the same.

¶5In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.2-Director, Horticulture and Food Processing, U.P., 2, Sapru Marg, Lucknow, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents including a copy of the judgment of the Supreme Court in the case of Sabha Shanker Dube (supra) in support of his claim within a period of three weeks from today along with a computer generated/certified copy of this order.

¶6In case such a representation is moved by petitioner, respondent no.2 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of three months from the date a computer generated/certified copy of this order along with representation is placed before him.

¶7It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.

¶8With the aforesaid directions, present writ petition is disposed of. Order Date :- 10.10.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench