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.
[1] https://www.sci.gov.in/supremecourt/2015/41901/41901_2015_Judgement_14-Nov-2018.pdf