SC: Employees working under lower ranks in the Forest Department are also entitled to a minimum amount of the pay scales like other employees

The Apex Court  on 13.11.2018, on Sabha Shanker Dube  v  Divisional Forest Officer & Ors. allowed the appeal which were made against the High Court of Allahabad’s judgement  that denied the relief  to the Appellants .

FACTS:

The Appellants were working  as daily rated workers  falling in the category   in Group ‘D’ posts in the Department  of Forest wherein the  petitions were filed  in the High Court of Allahabad  to seek regularization  of the services, along with the availability of  minimum of pay scales while being treated  to be  in continued service  and condoning the breaks in the lifetime of  service which was eventually dismissed . However, it was directed to regularize the daily wagers according to the relevant rules while  condoning the breaks  in case it was  less than ninety days. It was held that such a direction pertaining to regularization could  not be issued.

The  claim of Appellants was rejected in connection to the minimum of the pay scales  as well as the  Special Appeals faced  dismissal  by the  Division Bench .Further a  Special Appeal  had been filed  by the State against the learned Single Judge’s judgment  in  the Writ Petition and others.

The daily wagers who were working in Group ‘C’ and Group ‘D’ concerned  filed  Writ Petitions seeking reliefs regarding the regularizing of services and for equal payment for the equal amount of work  that was subsequently allowed by the learned Single Judge while giving direction to the State Government  for reconsidering  the Petitioners claims. Such persons who  had been fond eligible for the  regularization were  given a direction for regularization  in the future  along with another direction  that the Petitioners would  be continued upon daily wages until the regularization  is done  while being paid the  minimum amount  of the pay scales.

When the  State  filed an appeal ,the appeal was set aside by the Division Bench of the High Court regarding the  relaxing  of the  minimum educational qualifications , requirements  of physical endurance  and   directing  the minimum amount  of pay scales to be  given to wagers, by upholding it as unjustified .

 DECISION HELD BY THE SUPREME COURT OF INDIA:

When the matter was brought before the Apex Court , the Supreme Court allowed the appeal while setting  aside the High Court ‘s judgment  and upholding that the Appellants  were entitled to a  minimum payment   based on the pay scales  which was applicable to normal  employees  who worked on same posts.