IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO.1168 (SB) OF 2002 Shri Madhu Sudan, S/o Man Mohan Chandra, Assistant Social Welfare Officer, O/o D.S. W.O., Nainital. ……………..petitioner. Versus 1. State of Uttaranchal through Secretary Harijan Samaj Evam Kalyan Ministry. 2. Director, Samaj Kalyan, Uttaranchal. 3. District Samaj Kalyan Adhikari, District-Nainital. …………………Respondents. Hon’ble Rajesh Tandon, J. Heard Sri V.B.S. Negi, Advocate for the petitioner and Standing Counsel for the respondents. 2. By the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondents to give the admissible pay-scale of Postal Manager/Superintendent i.e. 4500-7000 to the petitioner and direct the respondents to regularize the service of the petitioner on the post of Hostel Manager/Superintendent. 3. Briefly stated, according to the petitioner, he was working as Harijan Kalyan Supervisor vide order dated 24th June, 1987. Thereafter, he was transferred to District Almora from District Nainital. 2 4. On 26th June, 1990, the petitioner was made Hosted Incharge of the Scheduled Caste Hosted by the District Harijan Evam Samaj Kalyan Adhikari, Almora and was given full responsibility of the hostel. 5. Thereafter, in the year, 1991, he was transferred from Almora to District Nainital, where he was working as a Hostel Incharge of the ‘Adarsh Hostel’. 6. On 13the January, 1993, the petitioner moved a representation before the Director Samaj Kalyan U.P. through proper channel stating that he has gained considerable experience regarding Hostel Management, therefore, he may be given employment in the newly constructed Government Hostel under the aforesaid department as Hostel Manager/Superintendent. 7. On 2nd August 1995, the petitioner was given an additional charge of the Government Schedule Caste Hostel, Pine Nainital vide office order no. 1040-42/LFkku@,d@95-96. 8. Again on 28.01.1996, the petitioner sent a representation to the Director, Samaj Kalyan, U.P. Lucknow regarding the same affair. 9. The grievance of the petitioner is that in respect of various representations, the same has not been concerned, in spite of the satisfactory service rendered by him. 10. A counter affidavit has been filed by the State Government in which it has been stated that the post of Hostel Superintendent has been advertised and full time Hostel 3 Superintendent is absolutely necessary. In paragraph 7 of the counter affidavit, it has been sated that the representation could not be decided as yet. In case the representations filed by the petitioner have not been disposed of yet, the respondent no. 2/Director Samaj Kalyan, Uttaranchal shall dispose of the representation filed by the petitioner. 11. Further if the petitioner is eligible and qualified for the said post in accordance with the rules framed by the respondent no. 2, he may participate for the appointment on the said post in pursuance of the advertisement made. However, petitioner has also claimed the salary with regard to the additional work, which he was doing. The petitioner has already approached the authority by way of representation, the same is directed to be decided in accordance with the rules. 12. Subject to the aforesaid, writ petition is dismissed. No order as to costs. (Rajesh Tandon, J.) 08.08.2006 Rathour