KAPIL DEV YADAV Vs. FOREST OFFICER SOCIAL

JUDGEMENT

(1.) Petitioner's claim for being regularized was considered and rejected by the respondents. This order was put to challenge in Writ Petition No. 55224 of 2015 which has been dismissed on 28.2.2017. However, following observations were made in the order:-

(2.) Learned counsel for the petitioner submits that though petitioner's claim for regularization has not been accepted, yet as he has been continuing for the last nearly 30 years and, in such circumstances, denial of minimum of pay-scale would be in teeth of the law laid down by the Apex Court in Sabha Shanker Dube Vs. Divisional Forest Officer and others decided on 14.11.2018. Reliance has also been placed upon a judgment of this Court in Writ Petition No. 11964 of 2018 (Mohan Swaroop and another Vs. State of U.P. and others), which has been disposed of vide following orders passed on 17.11.2018:-

(3.) This petition, along with the connected petitions, raises a claim by petitioners, who are all working in the Forest Department of the State for the last many many years for being paid salary in minimum of pay scale admissible for the post, against which they are working. It appears that benefit of minimum of pay scale was granted to the petitioners without any allowances in light of the observations made in various previous adjudications of this Court, but, all of a sudden, a Government Order has been issued on 08.03.2018, which states that benefit of minimum of pay scale as per 7th Pay Commission report would be made available only to those who are regular employees and not to those who are engaged on temporary basis/casual/daily wage basis. This Court, after hearing counsel for the parties, had passed a detailed order on 16.08.2018 holding as under:-