Ashutosh v. State of U.P. and others to the effect that services being rendered a

: Santosh Srivastava, Manish Kumar Srivastava, Pankaj Srivastava Counsel for Respondent(s) : C.S.C. Court No. - 8 HON'BLE MANISH MATHUR, J.

1. Heard learned counsel for petitioners and Mr. Vimal Srivastava, learned Additional Advocate General assisted by Mr. Nishant Shukla, Additional Chief Standing Counsel for opposite parties.

2. Petition has been filed seeking a direction to concerned authority for grant of minimum of the pay scale on the Class-IV posts.

3. It is evident that earlier vide order dated 31.05.2024, interim protection was granted in Writ-A 4526 of 2024, Ashutosh versus State of U.P. and others to the effect that services being rendered as daily wage employees with the department shall not be dispensed with until further order of this Court. Benefits of the said interim order were thereafter extended to other petitioners as well vide order dated 04.07.2024.

4. The primary dispute raised by learned counsel for petitioners is that despite petitioners having rendered more than ten years service as daily wage employees, benefits of minimum of the pay scale as directed in the case of Sabha Shankar Dube v. Divisional Forest Officer reported in (2019) 12 SCC 297 have not been conferred. Learned counsel has drawn attention to the Government Order dated 24.09.2024 to submit that guidelines have been issued for grant of such benefits in the light of judgment rendered by Hon'ble Supreme Court in the case of Sabha Shankar Dube (supra) and provides that all such daily wage employees who have been employed as such for a period ten years or more from 09.11.2023 and 2 WRIA No. 4051 of 2024 are continuing as such on the said date were required to be granted the benefit of minimum of pay scale.

5. It is, however, submitted that despite such directions having been issued, the minimum pay scale has been denied to petitioners primarily on the pretext that their services were not continuous or that they have been dispensed with from service.

6. Learned counsel for petitioners have thereafter adverted to various documents brought on record by means of supplementary affidavits which include various orders of the authorities concerned and banks statements to substantiate their submissions that petitioners have all along been permitted to continue as daily wage employees in the department and it is only after filing of the petitions that the service were dispensed with due to which interim protection was granted by this Court as indicated hereinabove.

7. The dispute, therefore, appears to be covered not only by judgment of Hon'ble Supreme Court in the case of Sabha Shankar Dube (supra) but also by means of the Government Order dated 24.09.2024.

8. In such circumstances, it would be necessary to see whether petitioners come within the scope of judgment rendered by Hon'ble Supreme Court in the case of Sabha Shankar Dube (supra) and have rendered requisite length of services as indicated in the said judgment on daily wage basis. Since consideration of aforesaid aspect would require consideration of factual aspects, which may be inadvisable in writ jurisdiction, it is directed that the opposite party no.2 i.e. Principal Chief Conservator of Forest, U.P., Department of Environment, Forest and Climate Change, Lucknow shall constitute a high level committee for considering cases of petitioners for grant of minimum of the pay scale. General intimation with regard to constitution of such committee shall be provided to petitioners individually indicating a specific date and time on which petitioners shall be required to present themselves before the committee with relevant documents in order to substantiate their claim of being covered judgment rendered by Hon'ble Supreme Court. It is also directed that the claim of petitioners shall not be denied only on account of discontinuous services which are coming within the scope of artificial breaks. The committee concerned shall also not reject the claim of petitioners on the ground that they are currently not employed in the service particularly in view of the interim protection, which has been 3 WRIA No. 4051 of 2024 granted to petitioners. The aforesaid exercise shall be completed within a period of three months from the date a certified copy of this order is served upon the opposite party no. 2. The Committee shall amply consider the documents which are produced by petitioners before them and shall indicate such consideration in their report individually with regard to individual petitioners.

9. It also appears that the dispute had been raised before this Court at Allahabad Bench in Writ-A No. 8967 of 2024 and Writ-A No. 10215 of 2025 in which vide order dated 13.08.2024, directions had been passed for constitution of a high level committee to look into the aspect whether members of the family of daily wage employees are being asked to work and wages are being credited in the accounts of other family members. The order indicates that this was a strategy adopted for the districts particularly of Shahjahanpur, Pilibhit, Bijnor and Sonbhadra.

10. It is submitted that despite consequent orders being passed on

24.08.2024, no report of any such committee has seen in the light of date.

11. In view of aforesaid, the committee directed to be constituted by this order shall also consider the aspects directed by this Court in its order dated

13.08.2024 as noticed in the order dated 24.08.2024 passed by the Principal Chief Conservative of Forest.

12. It has been submitted that in certain writ petitions, prayer for grant of minimum of the pay scale has been rejected on the ground that petitioners were dis-entitled for same on the ground that they were not covered by the relevant regularization rules. It is, therefore, directed that committee so constituted shall ignore the aforesaid aspects which even otherwise is irrelevant for the purposes of grant of minimum of pay scale.

13. List this case in the week commencing 19.01.2026.

14. Learned State Counsel shall produce the report of committee before this Court by the next date of listing by means of an affidavit. September 19, 2025 Satish (Manish Mathur,J.)

: Santosh Srivastava, Manish Kumar Srivastava, Pankaj Srivastava Counsel for Respondent(s) : C.S.C. Court No. - 8 HON'BLE MANISH MATHUR, J.

1. Heard learned counsel for petitioners and Mr. Vimal Srivastava, learned Additional Advocate General assisted by Mr. Nishant Shukla, Additional Chief Standing Counsel for opposite parties.

2. Petition has been filed seeking a direction to concerned authority for grant of minimum of the pay scale on the Class-IV posts.

3. It is evident that earlier vide order dated 31.05.2024, interim protection was granted in Writ-A 4526 of 2024, Ashutosh versus State of U.P. and others to the effect that services being rendered as daily wage employees with the department shall not be dispensed with until further order of this Court. Benefits of the said interim order were thereafter extended to other petitioners as well vide order dated 04.07.2024.

4. The primary dispute raised by learned counsel for petitioners is that despite petitioners having rendered more than ten years service as daily wage employees, benefits of minimum of the pay scale as directed in the case of Sabha Shankar Dube v. Divisional Forest Officer reported in (2019) 12 SCC 297 have not been conferred. Learned counsel has drawn attention to the Government Order dated 24.09.2024 to submit that guidelines have been issued for grant of such benefits in the light of judgment rendered by Hon'ble Supreme Court in the case of Sabha Shankar Dube (supra) and provides that all such daily wage employees who have been employed as such for a period ten years or more from 09.11.2023 and 2 WRIA No. 4051 of 2024 are continuing as such on the said date were required to be granted the benefit of minimum of pay scale.

5. It is, however, submitted that despite such directions having been issued, the minimum pay scale has been denied to petitioners primarily on the pretext that their services were not continuous or that they have been dispensed with from service.

6. Learned counsel for petitioners have thereafter adverted to various documents brought on record by means of supplementary affidavits which include various orders of the authorities concerned and banks statements to substantiate their submissions that petitioners have all along been permitted to continue as daily wage employees in the department and it is only after filing of the petitions that the service were dispensed with due to which interim protection was granted by this Court as indicated hereinabove.

7. The dispute, therefore, appears to be covered not only by judgment of Hon'ble Supreme Court in the case of Sabha Shankar Dube (supra) but also by means of the Government Order dated 24.09.2024.

8. In such circumstances, it would be necessary to see whether petitioners come within the scope of judgment rendered by Hon'ble Supreme Court in the case of Sabha Shankar Dube (supra) and have rendered requisite length of services as indicated in the said judgment on daily wage basis. Since consideration of aforesaid aspect would require consideration of factual aspects, which may be inadvisable in writ jurisdiction, it is directed that the opposite party no.2 i.e. Principal Chief Conservator of Forest, U.P., Department of Environment, Forest and Climate Change, Lucknow shall constitute a high level committee for considering cases of petitioners for grant of minimum of the pay scale. General intimation with regard to constitution of such committee shall be provided to petitioners individually indicating a specific date and time on which petitioners shall be required to present themselves before the committee with relevant documents in order to substantiate their claim of being covered judgment rendered by Hon'ble Supreme Court. It is also directed that the claim of petitioners shall not be denied only on account of discontinuous services which are coming within the scope of artificial breaks. The committee concerned shall also not reject the claim of petitioners on the ground that they are currently not employed in the service particularly in view of the interim protection, which has been 3 WRIA No. 4051 of 2024 granted to petitioners. The aforesaid exercise shall be completed within a period of three months from the date a certified copy of this order is served upon the opposite party no. 2. The Committee shall amply consider the documents which are produced by petitioners before them and shall indicate such consideration in their report individually with regard to individual petitioners.

9. It also appears that the dispute had been raised before this Court at Allahabad Bench in Writ-A No. 8967 of 2024 and Writ-A No. 10215 of 2025 in which vide order dated 13.08.2024, directions had been passed for constitution of a high level committee to look into the aspect whether members of the family of daily wage employees are being asked to work and wages are being credited in the accounts of other family members. The order indicates that this was a strategy adopted for the districts particularly of Shahjahanpur, Pilibhit, Bijnor and Sonbhadra.

10. It is submitted that despite consequent orders being passed on

24.08.2024, no report of any such committee has seen in the light of date.

11. In view of aforesaid, the committee directed to be constituted by this order shall also consider the aspects directed by this Court in its order dated

13.08.2024 as noticed in the order dated 24.08.2024 passed by the Principal Chief Conservative of Forest.

12. It has been submitted that in certain writ petitions, prayer for grant of minimum of the pay scale has been rejected on the ground that petitioners were dis-entitled for same on the ground that they were not covered by the relevant regularization rules. It is, therefore, directed that committee so constituted shall ignore the aforesaid aspects which even otherwise is irrelevant for the purposes of grant of minimum of pay scale.

13. List this case in the week commencing 19.01.2026.

14. Learned State Counsel shall produce the report of committee before this Court by the next date of listing by means of an affidavit. September 19, 2025 Satish (Manish Mathur,J.)