Allahabad High Court
Chandrama And 15 Others vs State Of U.P. And 5 Others on 1 November, 2019
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 17175 of 2019 Petitioner :- Chandrama And 15 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Hriday Narayan Pandey,Rajendra Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
It appears that separate and distinct causes have been raised by 16 petitioners in this petition.
Learned Standing Counsel raises an objection with regard to maintainability of the writ petition on the ground that causes being separate and distinct they ought not to be joined in one petition.
Objection raised in that regard is liable to be sustained. In view of the fact that all petitioners apparently have been engaged on different dates and have worked on/till different dates, clubbing of all such grievance together would otherwise create number of difficulties as it would be difficult to adjudicate such causes separately in this composite petition. This petition is, therefore, entertained at the instance of petitioner no.1 only. So far as the petitioner nos.2 to 16 are concerned, this petition is permitted to be withdrawn at their instance with liberty to file fresh petitions on their behalf, separately.
In respect of the petitioner no.1 it is stated that he is working at Forest Range Bansdeeh at district Ballia since 5.7.1982, but he has not been paid minimum of pay scale nor his services have been regularized. Reliance is placed upon the judgement of Apex Court in the case of State of Punjab and others Vs. Jagjit Singh and others, reported in (2017) 1 SCC 148, and the Division Bench judgment of this Court in the case of Vinod Kumar Vs. The Divisional Forest Officer and others (Special Appeal No.48 of 2012) dated 2.1.2017. Reliance is also placed upon the judgment of the Apex Court in Sabha Shanker Dube vs. Divisional Forest Officer being Civil Appeal No.10956 of 2018.
Learned Standing Counsel submits that petitioner's claim shall be examined by the authority concerned, in accordance with law.
In the aforesaid facts and circumstances, this writ petition stands disposed of permitting the petitioner no.1 to approach respondent no.6 by making a representation in respect of his grievance, noticed above, alongwith certified copy of this order, annexing all materials in support of his claim, within a period of three weeks from today. In case such a claim is raised, the same shall be examined by the authority concerned keeping in view the law laid down by the Apex Court, referred to above, and an appropriate order would be passed, in accordance with law, within a further period of two months thereafter. All consequential action to be taken, accordingly.
Order Date :- 1.11.2019 Ashok Kr.