2019 (4) TMI 228 - SC - Indian Laws

Regularization of the services of Forest Department - Learned Single Judge rejected the claim of the Appellants regarding the minimum of the pay scales by holding that such a direction cannot be granted under Article 226 of the Constitution of India - Held that - The Appellants-herein are not entitled to be paid the minimum of the pay sales. We are not called upon to adjudicate on the rights of the Appellants relating to the regularization of their services. There is no opinion on the contention of the State Government that the Appellants are not entitled to the reliefs as they are not working on Group D posts and that some of them worked for short periods in projects - the Appellants are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts. The State of Uttar Pradesh is directed to make payment of the minimum of pay scales to the Appellants with effect from 1st December, 2018. Appeal allowed.

Summary

Issues:
1. Regularization of daily rated workers in Group 'D' posts in the Forest Department of Uttar Pradesh.
2. Entitlement of daily wagers to the minimum of pay scales.
3. Interpretation of relevant rules and judgments regarding the pay scales for temporary employees.

Issue 1: Regularization of daily rated workers in Group 'D' posts in the Forest Department of Uttar Pradesh:
The appeals were filed against the judgment of the High Court of Allahabad denying relief to the appellants, who sought regularization of their services, minimum pay scales, and continued service despite breaks. The Single Judge dismissed their writ petitions, directing consideration for regularization in case of breaks less than 3 months. The Division Bench affirmed this, relying on previous judgments. Special Appeal No.1530 of 2007 involved similar issues, where the Single Judge allowed regularization and equal pay for equal work, but the Division Bench set aside the directions.

Issue 2: Entitlement of daily wagers to the minimum of pay scales:
The daily wagers argued for entitlement to the minimum pay scales applicable to regular employees in the Forest Department. They cited relevant judgments to support their claim, emphasizing equal pay for equal work principles. The State contended that the daily wagers were not eligible for regularization, and granting relief would burden the state exchequer. The Court noted that the daily wagers were paid varying amounts but should receive the minimum of the pay scale as per the 7th Pay Commission recommendations.

Issue 3: Interpretation of relevant rules and judgments regarding the pay scales for temporary employees:
The Court analyzed various judgments, including Putti Lal and Jagjit Singh cases, to determine the entitlement of temporary employees to the minimum of pay scales. Citing the principle of equal pay for equal work, the Court held that temporary employees should receive the minimum pay scales applicable to regular employees performing the same duties. The Court disagreed with the High Court's view and directed the State to pay the minimum of pay scales to the appellants from a specified date.

In conclusion, the Supreme Court allowed the appeals, setting aside the High Court judgments and directing the State of Uttar Pradesh to pay the daily wagers the minimum of the pay scales applicable to regular employees from a specified date.