Amit Kumar vs State Of Uttar Pradesh And 2 Others

The petitioner is before this Court with request to issue direction to the respondents to consider his claim for payment of minimum salary, as equivalent to the regular employees in the light of the judgement of Hon'ble Supreme Court in Civil Appeal No. 10956 of 2018, Sabha Shanker Dube Vs. Divisional Forest Officer and Others, along with the companion appeals, wherein it was observed as follows:

"...This Court took notice of an affidavit filed on behalf of the Principal Chief Conservator of Forests, State of Uttar Pradesh in which it was stated that the instructions were given to all the officers concerned to implement the directions issued by the High Court regarding payment of the minimum of pay scales to the daily wagers. A direction was given by this Court to the Principal Chief Conservator of Forests and the Principal Secretary to the Department of Forests, State of Uttar Pradesh to file separate affidavits in the High Court regarding the implementation of the directions."

It is averred in the writ petition that the right of the petitioner to minimum of pay scale was crystallized by the Hon'ble Supreme Court in the case of State of Punjab and Others Vs. Jagjit Singh and Others, reported at 2017 (1) SCC 148 and also in the Division Bench of this Court in the case of Vinod Kumar Vs. The Divisional Forest Officer And Others in Special Appeal No. 48 of 2012.

Learned Standing Counsel submits that the claim of the petitioner shall be examined by the concerned authority in accordance with law.

In light of the aforesaid submissions, the matter is remitted to the respondent no.2-Principal Chief Conservator of Forests, Lucknow to execute the following directions:

I. The respondent no.2-Principal Chief Conservator of Forests, State of Uttar Pradesh shall decide the representation of the petitioner regarding his entitlement to minimum of pay scale, within a period of four months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad.

II. The fact of the earlier affidavit given by Principal Chief Conservator of Forests, State of Uttar Pradesh, and noticed by the Hon'ble Supreme Court in Sabha Shanker Dube (supra), shall be considered while making the decision.

III. The computer generated copy of such order be self attested by the petitioners (party concerned) along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

The writ petition is disposed of finally.