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2023 DIGILAW 1420 (ALL)

Durga Prasad v. State of U. P.

2023-05-24

SARAL SRIVASTAVA

body2023
JUDGMENT : SARAL SRIVASTAVA, J. 1. Heard learned counsel for the petitioner and Sri Rajesh Pandey, learned Standing Counsel for the State-respondents. 2. The petitioner by means of the present writ petition has prayed for a writ of mandamus directing the respondents to pay minimum pay-scale Rs. 18,000/- per month as fixed for minimum pay of Class 4th employees by 7th Pay Commission. 3. According to the petitioner, he is working as dailywager in the forest department since 1988 but he is not being paid the minimum pay-scale of Rs. 18,000/- per months as per the 7th Pay commission. 4. Learned Standing Counsel, on instruction, which is taken on record, has admitted the fact that the petitioner is still working in the department and states that as regards the payment of minimum pay-scale to the petitioner is concerned, a direction is sought from the higher authorities. 5. In the instant case, it is not disputed that the petitioner is working in the forest department, and in an identical matter, the Principal Chief Conservator of Forest filed an affidavit in Writ-A No. 624 of 2023 admitting the claim of the petitioners in the said writ petition for payment of Rs. 18,000/- per month as their wages on the basis of minimum pay-scale in view of the settled principles of law laid down in the cases of Sabha Shankar Dube (supra) and Mohan Swaroop 2021 (4) ADJ 44 and consequently, paid them minimum pay-scale of Rs. 18,000/- per month alongwith arrears since March, 2018, therefore, the petitioner is also entitled to minimum pay-scale of Rs. 18,000 as per the 7th Pay Commission. 6. Accordingly, this Court issues a writ of mandamus directing the respondent No. 3-Divisional Director, Social Forestry Division, Bareilly to pay minimum pay-scale i.e. Rs. 18,000/- per month and arrears since March, 2018 within a period of three months from today. 7. In case, the arrears is not released within the aforesaid period, the same shall carry simple interest @10% per annum from the date it becomes due till the date of its payment. 8. The writ petition is allowed subject to above directions.