RAJESH SINGH & ANR Vs. YOGESH KUMAR SHUKLA,RAJYA SAMPATT ADHIKARI,RAJYA SAMPATTI VIBHAG
LAWS(ALL)-2018-12-94
HIGH COURT OF ALLAHABAD
Decided on December 10,2018

Rajesh Singh And Anr Appellant
VERSUS
Yogesh Kumar Shukla,Rajya Sampatt Adhikari,Rajya Sampatti Vibhag Respondents

JUDGEMENT

Abdul Moin, J. - (1.) Heard.
(2.) The present contempt petition has been preferred alleging non compliance of the order passed by the writ Court dated 21.02.2018. For the sake of convenience, the order dated 21.02.2018 is reproduced as under:- "1. Heard learned counsel for the petitioners and learned Standing counsel. 2. Petitioners have filed the present writ petition claiming that they were appointed as Daily Wager at the relevant time and were being paid minimum of the pay scale as per the report of Fifth Pay Commission which was duly accepted by the State Government. Thereafter, on acceptance of the report of the Sixth Pay Commission, they were entitled for the revised minimum pay scale which was denied by the interim order. The sole reason of denial is that they are already being paid much more then what would be payable to the Daily Wager. 3. This Court as well as Supreme Court in large number of decisions have already held that Daily Wager, in case they are performing the same duties as regular employees, are entitled to the minimum of the pay scale alongwith the Dearness Allowance. 4. One for judgment is in the case of State of U.P and others Vs. Puttilal, 2006 SCC(L&S) 1819. 5. In view of aforesaid, petitioners are entitled to minimum of the pay scale which was being paid to the regular employee of the department. 6. Hence, impugned order dated 07.10.2013 cannot stand and is set aside. The respondents are directed to pay the minimum of the pay scale which was duly amended from time to time, which was being paid to the similarly situated regular employees of the department. 7. Such payment shall be made to the petitioner within a period of four months from the date of certified copy of this order is placed before him. 8. With the aforesaid direction, writ petition is disposed of."
(3.) It is specific contention of the petitioner in paragraph 7 of the contempt petition that the certified copy of the order of the writ Court was served upon the respondent by hand on 28.03.2018 and by registered post on 02.04.2018. However, the respondent did not comply with the order passed by the writ Court and hence the present contempt petition.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.