Lalit Kumar Tyagi vs State of U.P. and others

R.K. Agrawal and Jayashree Tiwari, JJ.

Heard learned Counsel for the parties.

It is not disputed that the petitioner-appellant is a daily wager employee in Nagar Palika Parishad, Modinagar, Ghaziabad. In the earlier round of litigation which went to the Apex Court the appellant Nagar Palika Parishad was directed to pay minimum of the pay scale of similarly situated persons to the petitioner appellant which is being paid by the Nagar Palika Parishad. However, the appellant claimed that increments should also be given. Learned Single Judge after going through the orders passed by this Court and the Apex Court in the earlier round of litigation, has come to the conclusion that there is no direction for payment of increment to the appellant. Even otherwise, being a daily wager and the direction to give minimum of pay scale to the appellant, the appellant is not entitled for any increment as if the increment is given then it will exceed the minimum of the pay scale. That being the position, we are of the considered opinion that there is no legal infirmity in the order passed by the learned Single Judge.

The Special appeal fails and is dismissed.