IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 4760 of 2001 Sri Ram Singh and others …….Petitioners. Versus State of Uttaranchal and another …Respondents. Mr. B.C. Bhatt, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand/respondents. Hon’ble Sudhanshu Dhulia, J. Heard learned counsels for the parties. The petitioners are working as “malis/gardeners in the Uttarakhand Horticulture Department. Their grievance is that since in their service there are no further avenues of promotion, they are liable to be given next pay-scale after fourteen years of continuous satisfactory service and thereafter the next pay-scale in case the total service is of twenty four years. The contention of the petitioners is that although the first benefit has been given to them, the second benefit i.e the next pay-scale of Rs. Rs. 3200/- to 4900/- has not been given and, therefore, the present writ petition has been filed, inter alia, with the following prayer : “(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay ‘Second Promotional time pay scale” of Rs. 3200/- to 4900/-“ A counter affidavit and subsequently a supplementary counter affidavit have been filed on behalf of the State Government. In the supplementary counter affidavit letter dated 31.7.2007 has been annexed as Annexure no. SCA-3, from which it appears that 2 consequent to the filing of the writ petition, a decision has been taken by the State Government whereby in such cases as that of the petitioners, after completion of 14 years of satisfactory continuous service a time pay- scale of 2650 – 4000 would be given and thereafter after completion of 24 years of service, a scale of 3045-4590 shall be given. Since Sri N.P. Sah, learned Standing Counsel has also made a statement at the bar that this Government Order has now been implemented, the grievance of the petitioners therefore no more survives as the second increase in pay scale as they are seeing is liable to be given to them. In view of the aforesaid, writ petition is dismissed as having been infructuous. No order as to costs. (Sudhanshu Dhulia, J.) 5.3.2010 Avneet