Ashok Kumar (Inre 5271 S/S 2012) v. State of U. P. Thru. Secretary Irrigation Deptt.
2016-08-12
ANANT KUMAR, NARAYAN SHUKLA
body2016
DigiLaw.ai
JUDGMENT This appeal has been directed against the judgment and order dated 15 March 2016 passed by the learned Single Judge in writ petition No. 4747 (SS) of 2014 and other connected matters. The learned Single Judge disposed of the writ petition in terms of the judgment of the Apex Court in Rakesh Kumar and others Vs. State of U.P. and Others in SLP No. 34861 of 2015, wherein the Apex Court has held that the Tubewell Operators shall be entitled to regular salary w.e.f. 18.05.1994. The learned counsel for the appellant has submitted that the controversy for payment of regular pay scale was examined by this Court in Suresh Chandra Tiwari and others Vs. State of U.P. and others 3558 (SS) of 1992 and in that matter only 73 petitioners had been granted a Regular Pay Scale w.e.f. 31 March 1989. Therefore, the appellants who are the similarly situated persons had claimed the benefit of regular pay scale from the same very date. Per-contra Mr. Amitabh Rai, learned Standing Counsel has submitted that the observations made by this Court for payment of regular pay scale w.e.f. 31.03.1989 was made for a limited persons who were 73, keeping in view the fact that they had initiated a proceeding under the Industrial Dispute Act, and an award was passed in their favour on 15 July 1989 , where by they had been declared to be entitled for regular pay scale w.e.f 31.03.1989. Whereas in the present case, the writ petitioner had approached this Court directly, therefore, this Court had granted the regular pay scale from the date of judgment i.e. 18 May 1994. The controversy about the date of payment of regular pay scale in which the Supreme Court in Special Leave to Appeal (C) No. 1696-1697 of 2016 on 29 January 2016 had determine the issue finally and held that the petitioners/ appellants would be entitled for regular pay scale w.e.f. 18 May 1994 has been set at rest. The Order passed by the Supreme Court is quoted herein below: - "It appears that there has been conflicting decisions in the matter of payment of regular pay-scale to the tubewell operators in the State of Uttar Pradesh.
The Order passed by the Supreme Court is quoted herein below: - "It appears that there has been conflicting decisions in the matter of payment of regular pay-scale to the tubewell operators in the State of Uttar Pradesh. The impugned order has referred to the entire history and it has been held that the regular pay-scale was liable to be granted only to 73 workmen who initiated proceedings under the Industrial Disputes Act which culminated in the Award dated 15.07.1989. In the case of all others it is now made clear that they shall be entitled to regular pay-scale only w.e.f. 18.05.1994 in the light of the decision of the High Court in Suresh Chandra Tiwari Vs. State of U.P. The State should bring this order to the notice of the High Court in the pending cases so that at least in future the High Court be conscientious in such cases. In that view of the matter, we do not find any error in the impugned judgment dated 12.10.2015 and hence the special leave petitions, are, accordingly, dismissed." In view of the above, we are of the view that there was no occasion for the learned Single Judge to form any different opinion in the matter. Thus the learned Single Judge has rightly disposed of the writ petitions and observed that appellants would be entitled to get regular pay scale w.e.f. 18 May 1994, in which we do not find error. In the result the Special Appeal stands dismissed.