IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 811 of 2005 (S/S) Bhuwan Chandra Pant S/o Late Shri Bisnu Datt Pant R/o Durga Niwas, Saket Colony, Bhimtal District – Nainital. ……….Petitioner. Versus 1. State of Uttaranchal through its Chief Secretary Dehradun 2. Principal Secretary, Personnel and Public Grievances State of Uttaranchal, Dehradun 3. Commissioner, Kumaon Division, Nainital. 4. M/s Kumaon Mandal Vikas Nigam Ltd. through its Managing Director, Oak Park, Nainital, District – Nainital. 5. Principal Kumaon Engineering College, Dwarahat, Distt. Almora 6. Uttaranchal Power Corporation, Through its Director (HR) Urja Bhawan, Kanwali Road Dehradun(UA) ……….Respondents. Sri I.P. Gariola, learned counsel for the petitioner. Sri Paresh Tripathi, learned Standing Counsel for the respondents nos. 1 to 3 Sri U.K. Uniyal, Sr. Advocate for respondent no.4 Sri B.D. Upadhyaya, learned counsel for the respondent no. 6. Hon’ble B.C. Kandpal, J. By means of this Writ Petition, the petitioner has sought a writ in the nature of mandamus commanding the respondents to absorb the petitioner on the post having identical pay scale in any State Government Department/Undertaking and to pay back wages w.e.f. 01.04.1996. Brief facts as narrated in the writ petition are that the petitioner was appointed as Administrative Officer in M/s Kumaon Television Ltd., Bhimtal, District – Nainital which is a subsidiary company of respondent no. 4, i.e., M/s Kumaon Mandal Vikas Nigam Ltd. on 01.10.1984. The petitioner was promoted as Assistant Manager on 01.07.1989. The petitioner worked continuously upto 31.03.1996 till the date when the petitioner alongwith other employees of the company were retrenched. The Government has issued a direction for re- appointment on 30.12.1995 vides Government order. The Government thereafter vide order dated 12.02.2001 and 08.11.2001 decided to adjust reappointment of the retrenched employees and prepared a list accordingly. The name of the petitioner finds place in that list. The Government again on 26.02.1996 issued order for absorption of the retrenched employees. It is alleged by the petitioner that as per the Government order he has not been absorbed on the post having identical pay scale. Although the respondent no. 2 has started recruitment process for filling up of the existing vacancy. Not only that it is also alleged that other similarly situated employees have been given jobs in pursuance of aforesaid Government order and letter dated 25.04.1996 which was issued by the Principal Secretary, Uttarakhand Vikas Vibhagh, Government of U.P. Heard learned counsel for the parties and perused the record. The short question for consideration for this court is whether the petitioner is entitle to be given appointment as on identical post in compliance of the Government order dated 30.12.1995 and 26.02.1996 with fully salary w.e.f. 1st April, 1996 or not. Admittedly, the petitioner was holding the post of the Assistant Manager in M/s Kumaon Television Limited and he worked upto 31.03.1996. Para 3 of the Government Order No. 257 dated 26.02.1996 issued by the uttarakhand Vikas Vibagh reads as under: ^^ljdkjh lsok@fuxeksa@midzeksa dh lsok esa HkrhZ gsrq fu/kkZfrj U;wUkre “kSf{kd vgZrk rFkk vuqHko foi;d 'krsZ iwjk djus okys VsyhVªkfuDl@ dqekW;w Vsyhfoftu fyfeVsM deZpkjh@vf/kdkjh gh mDr lsok;kstu gsrq ik= gksaxsA ;fn ,sls deZpkjh VsyhVªfuDl@dqek;wWa Vsfyfotu fyfeVsM esa ,sls in ij fu;qDr gq, Fks ftudk drZO; rFkk mRRkjnkf;Ro ml in ds leku gS] ftl in ds fy, fu/kkZfrj 'kSf{kd ;ksX;rk j[krs Fks] rks ;g le>k tk;sxk fd os orZeku in ds fy, vc os vH;FkhZ gS] viuh fu;qfDr ds lcc mijksDr in ds fy, fu/kkZfrj 'kSf{kd vgZrk iw.kZ djrs gSA** So, in view of aforesaid para, it can very well be said that the petitioner fulfilled the qualification for the appointment/absorption because entire Government order is to be read as a whole wherein it has been mentioned that the retrenched employee will be given appointment in accordance with the law of the service rule of 1991. In view of the aforesaid Government Order, it was incumbent upon the respondents authority to provide suitable employ to the all wind up corporations, i.e., Kumaon Television Limited. The petitioner has filed certaion copies of the judgment passed by the this court earlier in the matter of other retrenched employees of the Teletronic Limited as well as Kumaon Televiaion Limited and it reveals from the perusal of those judgments that this court had allowed the petitions filed by other retrenched employees and directed the respondents to provide the job to the petitioners in compliance of the Government Order stated above. Accordingly, the writ petition is allowed. The respondents are directed to give appointment to the petitioner on the post having identical pay scale in compliance of the Government Order dated 30.12.1995 and 26.02.1996 with full salary w.e.f. 01.04.1996 within a period of there months. No order as to costs. With these observations, the writ petition is finally disposed of. (B.C. Kandpal, J.) 23rd June, 2005 Shiv