Umesh Kumar v. State of U.P. Thru. Addl. Chief Secy., Deptt. Horiticulture and Food Processing Lko. and 3 Others

Court No. - 20 Case :- WRIT - A No. - 8359 of 2023 Petitioner :- Umesh Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Horiticulture And Food Processing Lko. And 3 Others Counsel for Petitioner :- Renu Pal,Ashok Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

¶2Petition has been filed seeking a direction to opposite parties to revise pay of the petitioner in the minimum of pay-scale on the basis of recommendations of 7th Pay Commission with effect from 01.07.2016 on the post of Gardener. Further prayer for extension of benefit of judgment and order dated 10.02.2023 passed in Writ A No.1287 of 2023, Pradeep Kumar Shukla versus State of U.P. & Ors. has also been sought.

¶3It has been submitted that petitioner was initially engaged on the post of Gardener on daily wage basis and has been working as such ever-since for the past 23 years and has also been provided minimum of pay-scale of the said post in terms of 6th Pay Commission but has not been revised in terms of 7th Pay Commission.

¶4For the aforesaid grievance, petitioner has already submitted a representation 23.09.2023. At present learned counsel for petitioner restricts his prayer for a final decision with regard to same.

¶5Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No.3 i.e. The Deputy Director (Horticulture) Ayodhya Region Ayodhya is directed for taking into consideration judgment rendered by this Court in the case of Pradeep Kumar Shukla (supra) in case the same is applicable within a period of eight weeks from the date a certified copy of this order is produced before the said authority. Petitioner shall annexe a copy of representation dated 23.09.2023, copy of aforesaid judgment alongwith copy of this order.

¶6With the aforesaid observation, petition stands disposed of. Order Date :- 28.10.2023 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench