COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 3390/2001 Sheetla Prasad …….Petitioner Versus Executive Engineer, Koshi Nirman Khand-2, Nainital & Others ……Respondents Sri C.K. Sharma, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the State of Uttarakhand. 21st April, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed for a writ of mandamus commanding the respondents to pay him as per his post which is being paid to the regular employees. 2. Petitioner was initially appointed as a daily wager w.e.f. 1.8.1978. From 1.1.1983 petitioner is working as Telephone Munshi. But he is being paid as daily wager. Petitioner claims the pay as per his post of Telephone Munshi. 3. In the joint counter affidavit filed on behalf of respondent no. 1 and 2, it has been admitted that the petitioner was appointed w.e.f. 1.8.1978 on daily wages and he is working till today. It has also been admitted that from 1.1.1983, petitioner is working as Telephone Munshi. Perusal of letter of Executive Engineer dated 9.5.1998 reveals that the petitioner is working as Telephone Munshi w.e.f. 1.1.1983 and the Executive Engineer had recommended that the petitioner should be granted the pay scale of that post and be paid accordingly. But the petitioner was continued to be paid on daily wages basis. 4. This Court vide interim order dated 26.7.2001 has provided that if any person junior to the petitioner has been regularized, the case of the petitioner shall also be considered for regularization. Learned Counsel for the parties agree that this writ petition may be disposed of in terms of interim order dated 26.7.2001. 5. In view of above, the writ petition is disposed of in terms of the interim order dated 26.7.2001. So far as salary is concerned, in the view of the facts and circumstances of the case, respondents are directed to pay the minimum pay scale of Class IV employees to the petitioner. No order as to costs. (P.C. Verma, J.) Prabodh