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A.F.R.

Reserved on : 07.10.2026 Delivered on : 27.10.2026 HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 1156 of 2026 State of UP and 3 others …..Appellant(s)

Versus Ramesh …..Respondent(s)

Counsel for Appellant(s) : C.S.C., Pradeepta Kumar Shahi, S.C.

Counsel for Respondent(s) : Ramendra Kumar Shukla Along with :

Special Appeal No. 1157 of 2026: (State of UP and 2 others v. Umesh)

Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.

HON'BLE SUDHANSHU CHAUHAN, J. (Delivered by Hon’ble Sudhanshu Chauhan, J.)

1. Heard Shri M.C. Chaturvedi, Additional Advocate General appearing for Principal Secretary (Law), Government of U.P., Lucknow, Shri Kartikeya Saran, Additional Advocate General assisted by Shri P.K. Shahi, learned Additional Chief Standing Counsel and Shri Rajesh Kumar Pal, learned Standing Counsel for appellants and Shri Ramendra Kumar Shukla and Shri Pankaj Srivastava, learned counsel for the respondents.

2. The two Special Appeals arise out of similar facts and circumstances and similarly structured impugned judgments and orders. Hence, the hearing of the two Special Appeals were conducted together and the Special Appeal No. 1156 of 2026 was made the leading case. Thus, under these circumstances and for the sake of convenience the two special appeals are being decided by this common judgment and the facts are being culled out from the Special Appeal No. 1156 of 2026 (State of U.P. and others Vs. Ramesh).

3. The present Special Appeal arises out of judgment and order dated 08.07.2026 passed by learned Single Judge in Writ A No. 8863 of 2026 (Ramesh v. State of U.P. and others) wherein the learned Single Judge while placing reliance upon the judgment and order dated 07.01.2025 passed by this Court in Writ A No. 15530 of 2026 (Keshav Prasad v. State of U.P. and others) had directed the appellants to pay the minimum pay admissible to a regular class IV employee, working in the Forest Department on month to month basis, with a rider that the petitioner-

respondent shall not be entitled to any allowances or increments.

4. The facts involved in the present controversy in brief are that the petitioner-respondent had filed Writ A No. 8863 of 2026 claiming that the petitioner has continuously been working on the post of Chowkidar/ Watcher/ Prabhari since July, 2009 in Divisional Forest Office, Obra, Forest Division Obra, District Sonebhadra, however, the petitioner was being paid an amount of Rs. 6162/- per month instead of minimum pay scale of class IV employee in the Forest Department, which is Rs.

18,000 per month, in the light of the judgments of the Apex Court.

5. Hence, the petitioner had filed the writ petition seeking the following reliefs:

“I. Issue a writ order of direction in the nature of mandamus commanding to the respondents to pay minimum of the pay scale of Rs. 18,000/- per month of Class-IV to the petitioner on which he is working in view of Hon’ble Supreme Court’s Judgment dated 21.02.2002 state of U.P. and others Vs. Putti Lal reported in (2002) Vol. (2) U.P.L.O.B.E.C. Page 1595 and Judgment dated 14.11.2018 passed by Hon’ble Supreme court in Civil Appeal no. 10956 of 2018 Sabha Shankar Dubey Vs. Divisional Forest Officer and others Hon’ble Supreme Court in case of State of Punjab and others Vs. Jagjit Singh and others reported in (2017) 1 SCC Page 148 and recent judgment.”

6. The learned Single Judge by means of the impugned judgment and order while granting the benefit of minimum pay admissible to regular class IV employee working in the Forest Department on month to month basis to the petitioner-respondent except for allowances or increments and calling upon the appellants to file counter affidavit in the said writ petition, had relied upon the judgment and order dated 07.01.2025 of this Court passed in Writ A No. 15530 of 2024 (Keshav Prasad v. State of U.P. and others), which said judgment was passed conferring similar benefits to the petitioner in the said writ petition, on the basis