HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition no. 1234 (S/S) 2001 (Old No. 12791 of 1999) Smt. Aruna Verma D/o Sri Pooran Singh, R/o 8-M, D.D.A. Flats, Mohini Road, Dehradun. ----Petitioner. Vs. 1. Director General of Tourism, 3, Nawal Kishore Road, Hazratganj, Lucknow, 2. Director or Tourism (Hill area), Patel Nagar, Dehradun, 3. Commissioner, Garhwal Mandal, Mohini Road, Dehradun. ----Respondents. Sri Subhash Upadhyay, learned counsel for the petitioner. Learned Standing Counsel for the respondents. Hon’ble M.M. Ghildiyal, J. Heard Sri Subhash Upadhyay, learned counsel for the petitioner, and learned Standing Counsel for the respondents. By means of this writ petition, the petitioner has prayed to issue a writ, order or direction in the nature of mandamus commanding the respondents firstly, to regularise the services of the petitioner as Clerk/Typist with the respondents’ department secondly, to pay salary to the petitioner in the pay- scale of Rs. 3050-4500 as is being paid to other Clerk/Typist serving in the respondent department and thirdly, to pay to the petitioner difference of salary. Submission of the petitioner is that vide order dated 27.03.1993 she was appointed as Lower Division Clerk/Typist with the respondents department. On 09.03.1995, her services were terminated. Aggrieved by the order dated 09.03.1995, the petitioner filed writ petition which was disposed of by the Allahabad High Court with a direction to the petitioner to file claim petition before the Service Tribunal. On 03.08.1995, the petitioner was reemployed with the respondent and since then she is continuously working as a Typist/ Clerk. 2 Submission of the petitioner is that the posts are vacant with the Department, hence direction be issued to the respondents to regularise the services of the petitioner on the vacant post in accordance with law. At the time of admission of the writ petition, and interim order was passed by this Court on 24.11.2001 that since the petitioner is working with effect from 27.03.1993, therefore, she shall be paid minimum of revised pay-scale. Counsel for the petitioner has submitted that neither the petitioner is being paid minimum of pay-scale nor her services have been regularised by the department. The respondents have filed counter affidavit on 17th December 1999, in which the respondents have taken the stand that no post of Typist is vacant in the Hill Districts of Uttar Pradesh with the Department. After filing of the counter affidavit, new State of Uttaranchal has been created and after creation of the new State no other affidavit has been filed showing the existing status of vacancies in the department. In the above circumstances, in case, there are posts vacant with the Department, the respondent’s authorities shall consider for providing the petitioner minimum of pay-scale and shall consider the petitioner for regularisation on the post held by her in accordance with Rules, keeping in view the long term of service rendered by her. With these directions, the writ petition is finally disposed of. (M.M. Ghildiyal, J.) August 23, 2005: NCM: