HIGH COURT OF UTTARAKHAND, AT NAINITAL Writ Petition No.959 of 2003 (S/S) Pitamber Joshi S/o Shri Mathura Dutt Joshi … Petitioner Versus State of Uttarakhand and another …. Respondentss Dated:- 24th June, 2010 Hon’ble Tarun Agarwala, J. Heard Sri T. A. Khan, the learned counsel for the petitioner and Sri Subhash Upadhyaya, the learned Brief Holder for the State. The petitioner has filed the present writ petition for a writ of mandamus commanding the respondents to grant the petitioner the pay scale of Rs.4000-6000 as is presently available to Knitting and Weaving Instructor, Art Instructor, etc. The brief facts leading to the filing of the writ petition is, that the petitioner was appointed as a Craft Instructor in the Social Welfare Department for looking after the physically handicapped persons and is presently being given the pay scale of Rs.3050-4590/-. The contention of the learned counsel for the petitioner is, that in another section of the Social Welfare Department, which is running a home for beggars, in which Knitting Instructor, Art Instructor, etc, are being paid in the pay scale of Rs.4000-6000. The learned counsel for the petitioner submitted that the posts in the physically handicapped section and in the beggar’s section under the Social Welfare Department have the same qualification and the same duties. The Instructors in the beggars department are drawing a salary in the pay scale of Rs.4000-6000, whereas, the petitioner, having the same qualification, is drawing a salary in the pay scale of Rs.3050-4590. The learned counsel for the petitioner submitted that on the basis of equal pay for equal work, the petitioner should also be given the same pay scale. 2 In this regard, the learned counsel for the petitioner has drawn the attention of the court to Annexure–RAI in which the Director has written a letter dated 10.06.2005 to the Secretary, Social Welfare bringing this discrepancy to his knowledge and prayed that such discrepancy should be rectified. Considering the aforesaid facts, since necessary details with regard to qualification, nature of work etc. is lacking in the present writ petition, though, it has been spelt out by the Director in its letter dated 10th June, 2005, the court is of the opinion that the relief claimed by the petitioner cannot be granted by the court at this stage. However, the court directs the petitioner to move the appropriate representation for claiming such benefit through its department, annexing all the relevant details and the recommendation of the department itself. The Department, in turn, will forward the same to the Secretary, Social Welfare Department, Government of Uttarakhand and, upon receipt of it, the authority concerned will decide the matter by a reasoned and speaking order within three months from the date of production of a certified copy of this order. The writ petition is, accordingly, disposed of. (Tarun Agarwala, J.) Dated 24.06.2010 LSR