ATOL SINGH S/O SRI CHANDRA SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-6-25
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on June 15,2012

ATOL SINGH S/O SRI CHANDRA SINGH Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) The petitioner is a class-IV employee working on daily wage basis in Tones Forest Division, Purola Range, Uttarkashi. According to the petitioner, he is working since 1st April, 1986 but according to the respondents, the petitioner was engaged from April, 1996. The fact remains that the petitioner is working continuously. A large number of similarly situated daily wage employees filed writ petitions before the Allahabad High Court which was decided by the leading case in Putti Lal wherein the Allahabad High Court directed the respondents to regularize the services of the daily wagers and also pay minimum of pay scale. The State of U.P. filed a Special Leave Petition being Civil Appeal No. 3634 of 1998, State of U.P. v. Putti Lal which was disposed of by an order dated 21st February, 2002. The Supreme Court held that since the daily wager was discharging similar duties as those in the regular employment, the daily wagers are entitled to receive the minimum of pay scale on the principle of 'equal pay for equal work' and, accordingly, held that the daily wagers would be entitled to draw the minimum of pay scale until their services are regularized and given regular scale of pay. On the basis of the decision of the Supreme Court in Putti Lal's case , the petitioner filed a Civil Misc. Writ Petition No. 14789 of 1999 which upon the creation of the State of Uttarakhand was transferred to this Court and it was renumbered as Writ Petition No. 2255 (S/S) of 2001. In this petition, the petitioner was granted an interim order dated 08.04.1999 directing the respondents to pay the minimum scale of salary which was being paid to the regular appointed class-IV employees. Based on the interim order dated 08.04.1999, the petitioner started receiving the minimum scale of salary. Subsequently, the writ petition was disposed of by an order dated 5th September, 2003 in terms of the decision of the Supreme Court. The respondents were directed to consider his case for regularization and pay the minimum of pay scale till such time as his services was not regularized.
(2.) It is further stated that inspite of the order of the Court and the decision of the Supreme Court in Putti Lal case, the petitioner was paid the minimum of the pay scale till 2002 and, thereafter, it was stopped. From a perusal of the writ petition, the Court finds that the Principal Chief Conservator of Forest, Dehradun by an order dated 9th November, 2009 directed all the concerned Forest Officers to pay minimum of pay scale @ Rs. 4,440/- p.m. to the daily wagers in light of the judgment of the Supreme Court in the case of Putti Lal . Pursuant to the said direction, the petitioner started receiving the minimum pay scale again but subsequently the Division Forest Officer, Tones Forest Division, Purola, District Uttarkashi issued an order dated 25th May, 2010 directing all the Range Officer to pay the daily wagers @ Rs. 3,514/- p.m. The petitioner made a representation holding that the reduction in the pay scale was wholly illegal and that the amount so received should not be deducted. It is alleged that the excess amount paid was subsequently deducted from the salary.
(3.) On 5th July, 2010, the Principal Chief Conservator of Forest, Dehradun issued an order indicating that those daily wager who are covered by the order of the Supreme Court dated 21st February, 2002 and who are working in their department continuously and have completed ten years or more service upto 1st May, 2001 are entitled to be paid the minimum of the pay scale while others would be granted a lower pay. The petitioner, being aggrieved by the said order, has filed the present writ petition praying for its quashing and also praying that the respondents be commanded to pay the minimum of pay scale to the petitioner.;


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