Daily wagers who complete ten years of continuous service are entitled to the minimum pay scale under the principle of equal pay for equal work. Administrative cutoff dates restricting this entitlement are arbitrary, as the right to receive the minimum pay scale arises upon the completion of the required service period.

JUDGMENT :

ANISH KUMAR GUPTA, J.

1. Supplementary affidavit filed on behalf of the petitioner today in Court, is taken on record.

2. Heard Sri Ramendra Kumar Shukla, learned counsel for petitioner, Sri Pradeept Kumar Shahi, learned Additional Chief Standing Counsel assisted by Sri Pradeep Singh, learned Standing Counsel for the State.

3. The instant petition has been filed with the following prayer :

"I. Issue a writ order of direction in the nature of certiorari to quash the order dated 21.01.2023 passed by Office of Prabhagiya Vanadhikari, Pilibhit Tiger Riserve Pilibhit i.e. respondent no.3,

II. Issue a writ order of direction in the nature of mandamus commanding to the respondents to pay minimum of the pay scale to the petitioner in the light of Judgment passed by the Hon'ble Supreme Court in Shobha Shanker Dubey and Mohan Swaroop and others cases bearing no. Civil appeal no. 10956 of 2018 and Civil misc. writ petition no.11964 of 2018 order dated 14.11.2018 and 17.11.2018.

III. Issue a writ order of direction in the nature of mandamus commanding the respondent no.3 to regularized the petitioner in the aforesaid post.

IV. Issue a writ order of direction in the nature of mandamus commanding to the respondents to consider and decide the representation dated 22.03.2023 filed by the petitioner within specific time granted by this Hon'ble Court (Annexure no2) to this writ petition."

4. In the instant petition, the petitioner has claimed that he was engaged on daily wages by the Forest Department from February 2015 and since then, he is continuously working. Previously, the petitioner had filed Writ-A No. 20449 of 2022 ( Shri Pal vs. State of UP and 3 others ), which was disposed of by order dated 08.12.2022 directing the respondents to consider the claim of the petitioner for grant of minimum pay scale within a period of three months. Thereafter, vide order dated 21.01.2023, the claim for regularization of the petitioner was rejected as he was not eligible in terms of Uttar Pradesh Regularization of Persons Working on Daily Wages, Work Charge, or Contract in Government Departments (Group C & D Posts) Rules, 2016 (in short, 'Rules, 2016') for regularization.

5. So far as the prayer of the petitioner with regard to regularization is concerned, from the admitted facts, the petitioner is not eligible for regularization in terms of 2016 Rules. Accordingly, this Court do not find any illegality in the impugned order dated 21.01.2023.

6. However, the petitioner has also claimed that he should be granted the minimum pay scale as he has completed 10 years continuous service with the Forest Department. Though, he is not eligible for regularization but since the respondents have already granted the minimum pay scale to the persons, who have completed 10 years of continuous service vide office memo dated 24.09.2024. However, in that Office Memo, a cutoff date of 09.11.2023 has been fixed by the respondents.

7. Learned counsel for the petitioner further submits that the petitioner is also a similarly situated person and no artificial cutoff date can be fixed in such matters for grant of minimum pay scale to some individuals, who have completed 10 years service up to 09.11.2023, but the persons who are completing 10 years service after 09.11.2023 can be denied the grant of minimum pay scale. In such view of the matter, learned counsel for the petitioner submits that since the petitioner has completed the 10 years of continuous service, therefore, the minimum pay scale should be accorded to the petitioner.

8. Learned Additional Chief Standing Counsel for th