IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 885 (S/S) of 2006 Ram Charan Juyal, S/o Sri Amba Dutt Juyal, Serving as Chief Assistant in the office of Chief Engineer Level-I, Public Works Department, Uttaranchal, Dehradun. …………………..Petitioner. Versus (1) State of Uttaranchal through Secretary, Public Works Department, Government of Uttaranchal, Dehradun. (2) Chief Engineer Level-I (HOD), Uttaranchal Public Works Department, Yamuna Colony, Dehradun. (3) Chief Engineer Level-II, Public Works Department (Garhwal Zone), Pauri. ………..……..Respondents. Sri Manoj Tiwari, Advocate for the Petitioner. Sri N.P. Sah, Standing Counsel, for the State. Hon’ble Prafulla C. Pant, J. By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondent no. 1 to pass appropriate order directing the transfer of lien of the petitioner from the post of Amin to the post of Junior Clerk as recommended by the Chief Engineer (Garhwal Zone), Pauri, vide his letter dated 06.10.1998 (copy of which is Annexure 7 to the writ petition). A further mandamus has been sought for grant of benefits of past services rendered 2 by the petitioner against the post of Junior Clerk w.e.f. 24.08.1985. (2) Heard learned counsel for the parties. (3) Brief facts of the case are that the petitioner was appointed as Amin on regular basis on 12.08.1985, after a Special Land Acquisition Officer’s post was created in each of the four zones of Public Works Department of Uttar Pradesh. The initial pay scale given to the petitioner was Rs.330-495/-, against the sanctioned post created vide Government Order dated 29.05.1980. After implementation of the IVth Pay Commission Report, the pay scale of Amins was revised and the petitioner was paid pay scale of Rs.825-1200/-, later revised vide Government Order dated 30.12.1989 as Rs.950- 1500/-. On 06.07.1992, petitioner made a representation to the Chief Engineer (Garhwal Zone) requesting to change his post (that of Amin) to Junior Clerk, under Rule 9(17) of Financial Hand Book, Vol. II (Parts II to IV), as there was no work of Amin left in the Department. It is stated in the writ petition that work of Junior Clerk was already being taken from the petitioner by his senior officers. In para 5 of the writ petition, it is stated that in the year 1991 when the promotion exercise was taken and the petitioner sought his promotion to the post of Junior Clerk and his case was recommended for the same, the promotion was not given on the ground that the pay scale of Amin and that of Junior Clerk was same at that time. However, w.e.f. 15.03.1998, vide Government Order of said date, the pay scale of Amin was reduced to Rs.825-1200/-, while that of the Junior Clerk was remained higher at Rs.950-1500/-. On this, petitioner 3 made a representation for his transfer from the post of Amin to the post of Junior Clerk, which was referred to respondent no. 1 for consideration vide recommendation dated 06.10.1998 (copy Annexure 7 to the writ petition), which remained un-disposed of till the filing of the writ petition. (4) In Para 3 of the counter affidavit, it is stated that the representation of the petitioner for his transfer from the post of Amin to the post of Junior Clerk was referred to the Secretary, Public Works Department, Government of Uttar Pradesh, but no decision could be taken thereon. (5) Learned counsel for the parties during arguments agreed that as the State of Uttarakhand has been created, this writ petition may be decided directing respondent no. 1 to take a decision on the recommendation dated 06.10.1998, made by the Chief Engineer (Garhwal Zone), Pauri, on the representation made by the petitioner in the matter. (6) Therefore, the writ petition is disposed of directing the respondent no. 1 to take a decision on the recommendation made by Chief Engineer (Garhwal Zone), Pauri, vide his letter No. 6199/460, dated 6th October 1998, a copy of which is Annexure 7 to the writ petition, within a period of three months from the date certified copy of this order is produced before such authority. (Prafulla C. Pant, J.) Dt.01.07.2008 NS 4