Narendra Kumar and 18 Others v. State of U.P. Thru. Addl. Chief Secy., Deptt. of Horticulture and Food Processing Lko. and 3 Others

Court No. - 20 Case :- WRIT - A No. - 8166 of 2023 Petitioner :- Narendra Kumar And 18 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Horticulture And Food Processing Lko. And 3 Others Counsel for Petitioner :- Alok Kumar Pandey,Rakesh Singh,Vinod Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioners and learned State Counsel for opposite parties.

¶2Petition has been filed seeking a direction to opposite parties for payment of minimum of the pay scale for the post of Gardener (Mali) as is being paid to regular employees on the principles of equal pay for equal work.

¶3Learned counsel for petitioner has placed reliance on judgment rendered by Hon'ble Supreme Court in the case of Sabha Shankar Dube versus Divisional Forest Officer and others, Civil Appeal No. 10956 of 2018. It has been submitted that since petitioners are continuously working on daily wage basis with the department from the years 2002 till 2013, they are entitled for minimum of the pay scale since they are performing the same confluence duties as substantively appointed persons.

¶4For the aforesaid grievance, the petitioners have already submitted the representation but seeks liberty to file fresh representation before the authority concerned.

¶5Considering innocuous prayer, without entering into merits, liberty is granted to petitioners to file a fresh representation before concerned authority who shall consider and decide the same within a period of eight weeks from the date certified copy of this order is produced before the concerned authority along with fresh representation.

¶6With the aforesaid observations, the writ stands disposed of. Order Date :- 18.10.2023 Satish High Court of Judicature at Allahabad, Lucknow Bench