IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 382 OF 2003 (S/S) Mukesh Kumar ………..Petitioner. Versus Uttaranchal Jal Sansthan, Nainital and others. …………...Respondents. Mr. I.D. Paliwal, learned counsel for the petitioner. Mr. H.M. Raturi, learned Standing Counsel for the respondents. 25th July, 2008 Hon’ble P.C. Verma, J. By means of present writ petition, the petitioner has prayed for a writ of mandamus directing the respondents to make payments to the petitioner salary payable to the Junior Engineers w.e.f. 18.3.1993 to 31.12.1996. Further prayer has been made to give the selection grade to the petitioner w.e.f. 12.5.2000. 2. Brief facts of the case are that the petitioner joined his service on 9.4.2002 in the office of Executive Engineer, Kumaon Jal Sansthan, Ranikhet as Work Supervisor at Naithanadevi Drinking Water Scheme. Pursuant to the order (letter No. 2930 / Adhi. Samanya/66 dated 11.5.1992) of General Manager Kumaon Jal Sansthan, Naintal, the petitioner was transferred from Naithanadevi Drinking Water Scheme to Timli, Chacharoti and Sadai Drinking Water Scheme and was given independent charge of Junior Engineer and was attached with the Assistant Engineer Mansi and his head office was placed at Udaipur. The petitioner was given independent charge of Timli, Chacharoti and Sadai pumping Drinking Water Scheme under the Syalde Block 2 and his Head Quarter was placed at the main Pump House. 3. On 1.7.1993, the then Jal Kal Abhiyanta Sri S.N. Sharma was transferred in the public interest from Block Syalde and the petitioner was given independent charge of whole unit of Syalde by the respondent no. 2 vide his order No. P.P.San.1553/Ka. Adesh/54 dated 5.7.1993. The petitioner on the recommendation of the selection committee was appointed on the post of Computer. Thereafter, after some time, the petitioner and other persons who were designated as computers were re- designated as Junior Engineers (Technical) and service rules were accordingly amended. Thereafter, the Board of Directors of U.P. Jal Nigam in its 124th meeting merged the services of the Junior Engineer (Tech.) in the Junior Engineers Cadre. Vide order dated 13.12.2001, the petitioner was transferred to Nathanadevi Water Works Pumping House. The grievance of the petitioner is that the respondents are paying the salary to the petitioner payable to the junior Engineers w.e.f. 1.1.1997, but the petitioner has not been paid salary for the period from 18.3.1993 to 31.12.1996 payable to the Junior Engineers. 4. A counter affidavit has been filed on behalf of the respondents no. 1 and 2, where in paragraph 3, it has been stated that the petitioner was not entitled to get the salary of Junior Engineer prior to 18.3.1993, because the petitioner was appointed on 31.3.1992 to the post of Work Supervisor in the Ranikhet Division and thereafter, he was kept under attachment of Assistant Engineer, where he worked to the post of Work Supervisor under the 3 guidance and supervision of Assistant Engineer and he was posted to said post in Bhikyasain Block under the Naithani Devi Masi Water Project. Thereafter, on 24.12.1996, the petitioner was promoted from the post of Work Supervisor to the post of Computers for which he has been paid salary permissible to the post of Computer. It has further been stated that the post of Junior Engineer is within the purview of Public Service Commission, which cannot be adjusted by other employees who are not within the purview of Public Service Commission. 5. The office order dated 18.3.1993 clearly shows that the petitioner has been given independent charge of Assistant Engineer at Syalde, Timli Chachroti to operate the pumping project. Further the experience certificate dated 11.9.1996 issued by the Superintending Engineer also establishes that the petitioner has worked for the post of Junior Engineer. Further the office order dated 5.7.1993 also shows that the petitioner has been working on the post of Jalkal Engineer in place of Mr. S.N. Sharma. 6. For the reasons recorded above, since the petitioner has worked for the post of Junior Engineer or Assistant Engineer for the period from 18.3.1993 to 31.12.1996, therefore, he shall be entitled to get the salary for the post of Junior Engineer. Further since the petitioner has completed more than eight years of service w.e.f. 1.1.1997, therefore as per Clause (1) of G.O. dated 2nd December, 2000 issued by the Govt. of U.P. and applicable to the State of Uttarakhand, the petitioner shall be given selection grade. 4 7. Therefore, the respondents are directed to pay the salary of the petitioner for the post of Junior Engineer for the period 18.3.1993 to 31.12.1996 and further, give the benefit of selection grade to the petitioner in accordance with the G.O. dated 2nd December, 2000. 8. Accordingly, writ petition is allowed. No order as to costs. (P.C. Verma, J.) 25.7.2008 Rathour