Daily Wagers Completing Ten Years of Service Entitled to Minimum Pay Scale Regardless of Arbitrary Cutoff Dates

The petitioner was engaged as a daily wager by the Forest Department in February 2015 and has worked continuously since then.

Seeking regularization and the minimum of the pay scale, he previously filed Writ-A No. 20449 of 2022, where the court directed the respondents to consider his claim.

On 21.01.2023, the respondent rejected his claim for regularization, stating he did not meet the criteria under the Uttar Pradesh Regularization of Persons Working on Daily Wages, Work Charge, or Contract in Government Departments (Group C & D Posts) Rules, 2016.

The petitioner challenged this order, further arguing that while an Office Memo dated 24.09.2024 granted minimum pay scales to those completing 10 years of service by a cutoff date of 09.11.2023, such an "artificial cutoff" should not deny him the same benefit as he approaches the 10-year mark.

1. Whether the petitioner is entitled to regularization under the Rules of 2016.

2. Whether the cutoff date of 09.11.2023 fixed in the Office Memo dated 24.09.2024 for the grant of minimum pay scale is rational or if the benefit should extend to those completing 10 years of service subsequently.

The court relied on the precedent set by the Supreme Court in State of U.P. v. Putti Lal (2006) 9 SCC 337, which established that daily wagers discharging duties similar to regular employees are entitled to the minimum of the pay scale based on the principle of "equal pay for equal work".

It also considered the Uttar Pradesh Regularisation of Daily Wages Appointments on Group 'D' Posts Rules, 2001 and the Rules, 2016, which generally contemplate a decade or more of service as a benchmark for eligibility for service benefits.

The court affirmed the rejection of the regularization claim, noting the petitioner did not satisfy the specific eligibility dates (working prior to 31.12.2001) required by the 2016 Rules.

Regarding the pay scale, the court found that the Office Memo dated 24.09.2024—which limited the minimum pay scale to those completing 10 years of service specifically by 09.11.2023—lacked rationale.

Drawing from Putti Lal, the court reasoned that the entitlement to a minimum pay scale is a recognition of long-term continuous service (10 years) and should not be restricted by an arbitrary date. To prevent "artificial breaks" from defeating this right, the court determined that any worker completing 10 years of service, even after the cutoff date, must be treated equally to avoid discrimination.

The court directed the respondents to verify the petitioner's 10-year service record, ignoring artificial breaks not exceeding one year, and to grant the minimum pay scale within eight weeks if found eligible.