Hon’ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Rajesh Kumar Tiwari, learned Addl. C.S.C. on the application for condonation of delay.
2. In view of order proposed to be passed, issuance of notice to the respondents is hereby dispensed with.
3. Instant special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules 1952 has been filed by the appellants assailing the order dated 03.10.2023 passed in Writ A No. 1908 of 2023 (Sushil Kumar and Others Vs. State of U.P. & Others).
4. For the sake of convenience, the order dated 03.10.2023 is extracted herein-under:-
“1. Heard learned counsel for the petitioners and the learned Standing Counsel for the State.
2. The petitioners, who were appointed in between the years 2004-2005 and are working as daily wagers, have approached this Court claiming that though they have been working and performing their duties as good as regular Gardeners in the Department but minimum of the pay scale is not being paid as settled by judgment of Supreme Court in the case of Sabha Shanker Dube Vs. Divisional Forest Officers and others; (2019) 12 Supreme Court Cases 297. The relevant Paragraph 12, thus, reads as under:-