3176-DB ‘ I N TH E H I GH COURT OF UTTA RA K v. Counsel for

“ Pet it ioner s were w ork ing wit h t he respondent - Depart m ent in various capacit ies including Fire Wat cher, Moharris, Drivers et c. The grievance of t he pet it ioners, precisely, is t hat t hey are not being paid t he m inim um of pay scale aft er 2013 which is paid t o t heir count erpart s who ar e discharging t he sam e on sim ilar dut ies. The st and t ak en by t he St at e Gov ernm ent in t he count er affidavit is t hat since t he pet it ioners have not been appoint ed against t he regular post s, t hey cannot be paid t he m inim um of pay scale. Learned counsel for t he pet it ioner s, on t he basis of r ecord, subm it s t hat t he sim ilarly sit uat ed persons, w ho were also not 1 appoint ed against t he sanct ioned post s, ar e being paid t he m inim um of pay scale t hroughout t he St at e of Ut t arakhand. CMWP No.15302 of 1993 was filed before t he learned Single Judge of Allahabad High Court claim ing D.A. et c. The pet it ion was allowed on 21.8.1995. Against t he j udgm ent dat ed 21.8.1995, Special Appeal No.653 of 1995 was pr efer red. The Division Bench part ly allow ed t he appeal and set aside t he j udgm ent dat ed 21.8.1995. Vide j udgm ent dat ed 21.2.2002 passed in Civil Appeal No.3634 of 1998 ‘St at e of U.P. & ot hers v. Put t i Lal’, t heir Lordships of Hon. Suprem e Court , have obser ved t he appr opriat e aut horit y will consider t he case of daily wagers sym pat het ically and t ill t hen, t hey should be paid t he m inim um of pay scale. t hat Now, t he r espondent - St at e cannot go against t he dict a of Hon. Suprem e Court render ed in t he abov e- cit ed case. The pet it ioners are ent it led t o t he m inim um of pay scale on t he principle of ‘equal pay for equal w ork’. Pet it ioners are discharging t he sim ilar dut ies as ar e being discharged by t heir count erpart s and t he m inim um educat ional qualificat ion, responsibilit y and dut ies ar e also t he sam e. I t is set t led law t hat t he equals cannot be t reat ed t he unequally. The act ion of m inim um of pay scale t o t he pet it ioners, is declared arbit rar y, unreasonable and t hus, violat ive of Art icles 14 and 16 of t he Const it ut ion of I ndia. t he r espondent s, in denying I t would be apt at t his st age t o m ent ion t hat t he sim ilarly sit uat ed persons had also approached t his Court by way of filing WPSS Nos.1284 of 2011, Raj endra Singh Rawat & ot hers v. St at e of Ut t arakhand & ot hers, and ot her analogous m at t ers. These pet it ions w er e decided by t he Coordinat e Bench of t his Court vide j udgm ent dat ed 10.12.2013 wher eby t he r espondent s- St at e was direct ed t o pay m inim um of t he pay scale including grade pay t o t his t herein, w.e.f. 1.1.2006. t he pet it ioners, j udgm ent , t o get m inim um of pay scale including t he grade pay w.e.f. 1.1.2006. t he pr esent pet it ioners ar e also ent it led I n view of Accordingly, all t hese pet it ions ar e allow ed. The r espondent s ar e direct ed t o pay and release t he m inim um of pay scale t o t he pet it ioners along wit h t he Grade Pay wit hin a period of t en weeks from t oday. Ar rears be also paid calculat ing t he int erest @ 12 per annum . Order s, under challenge, in all t hese pet it ions, ar e quashed and set aside. All t he applicat ions also st and disposed of.”

3. Appellant s have challenged t he said j udgm ent , by cont ending t hat writ pet it ioners were appoint ed, as daily wagers, in Forest Depart m ent t o m eet t he exigencies of work. They were being paid m inim um of pay scale pursuant t o j udicial order, since t hey were not serving against a sanct ioned vacant post , t herefore, in 2 view of t he st ipulat ion m ade in t he Governm ent Order dat ed 04.01.2013, issued by Addit ional Secret ary Forest , writ pet it ioners were not ent it led t o benefit of pay revision wit h effect from 01.01.2006. Thus, he subm it s t hat t he claim st aked by writ pet it ioners for grant of m inim um of pay scale in t he revised pay scale, wit h effect from 01.01.2006, was unsust ainable, and t he learned Single Judge erred in allowing t he Writ Pet it ion, by overlooking t he provisions cont ained in t he relevant Governm ent Order.

4. Learned St at e Counsel subm it s t hat writ pet it ioners have challenged a com m unicat ion m ade by t he concerned Divisional Forest Officer, whereby t hey were inform ed t hat , since t hey are not serving against sanct ioned vacant post s, t herefore, t hey are not ent it led t o t he benefit of Governm ent Order dat ed 12.03.2014. He furt her subm it s t hat t he Writ Pet it ion, writ pet it ioners ( respondent s herein) have not challenged t he condit ions m ent ioned in t he Governm ent Order dat ed

12.03.2014 - t hat benefit of pay revision, wit h effect from 01.01.2006, would be available t o only such daily- wage em ployees, who are serving against sanct ioned vacant post . 3

5. Learned St at e Counsel has drawn t he at t ent ion of t his Court t o paragraph no. 5 of count er affidavit , filed before Writ Court , by t he Divisional Forest Officer, Addit ional Yam una Forest Division Badkot , Ut t arkashi. I n paragraph no. 5 of t he said count er affidavit , it is st at ed t hat on 01.01.2006, a t ot al of 58 daily- wagers were serving in t he Depart m ent , out of which, 03 were serving against vacant Group- C post , and 14 were serving against Group- D post , and t he rem aining 41 daily- wage em ployees were serving in t he absence of any sanct ioned vacant post .

6. I n paragraph no. 10 and paragraph no. 16 of t he count er affidavit , it is m ent ioned t hat t he writ pet it ioners ( respondent s herein) are being paid m inim um of pay scale.

7. Learned St at e Counsel subm it s t hat pet it ioners had claim ed arrears of salary

01.01.2006, by cont ending t hat m inim um of pay scale has been paid t o such daily- wage em ployees, who were serving against vacant post , and t hey were given benefit of pay revision, hence t hey are also ent it led for t he sam e. However, in t he Writ Pet it ion, pet it ioners have not challenged t he Governm ent Order dat ed 12.03.2014, which provided t hat benefit of pay revision, wit h effect 4 from 01.01.2006, would be given only t o such daily- wage em ployees, who are serving against sanct ioned vacant post .

8. Learned St at e Counsel furt her subm it s t hat t he fact s of Writ Pet it ion ( S/ S) No. 1284 of 2011 ( Raj endra Singh Rawat and Ot hers v. St at e of Ut t arakhand and Ot hers) were different , as pet it ioners in t hat Writ Pet it ion were appoint ed against sanct ioned vacant post , as such parit y of benefit in Writ Pet it ion ( S/ S) No. 1284 of 2011 could not have been given t o t he writ pet it ioners.

9. This Court finds subst ance in t he subm ission m ade by learned St at e Counsel. Since t he Governm ent Order dat ed 12.03.2014, it had specifically been provided t hat benefit of pay revision would be available only t o such daily- wagers, who were appoint ed against sanct ioned vacant post , t herefore, wit hout set t ing aside t he said condit ions, cont ained t he aforesaid Governm ent Order, direct ions issued by learned Single Judge t o give benefit of pay revision t o t he writ pet it ioners, wit h effect from 01.01.2006 could not have been issued.

10. I n such view of t he m at t er, int erference wit h t he im pugned j udgm ent would be warrant ed t o t he 5 lim it ed ext ent . We, accordingly, allow t he Special Appeal, and set - aside t he declarat ion m ade by learned Single Judge t hat writ pet it ioners are also ent it led t o get benefit of pay revision wit h effect from 01.01.2006. However, we m ake it clear t hat we have not int erfered wit h t he ot her direct ions, issued by t he learned Single Judge. M A N OJ K UM A R TI W A RI , J. A SH I SH N A I TH A N I , J. Dt : 28 t h April, 2025 Shiksha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa 08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF 0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA 6