IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1048 (SS) of 2007 Shir Narayan Datt Joshi, S/o late Bhairab Dutt Joshi, R/o 191 Avas Vikas Old Colony, Haldwani. Nainital. ……….Petitioner. Versus 1. State of Uttar Pradesh, through Secretary, Ministry of Education (Secondary), Lucknow. 2. Joint Director of Education (Secondary), Meerut Circle, Meerut. 3. State of Uttarakhand through Secretary, Ministry of Education (Secondary), Dehradun. 4. Additional Director of Education, Kumaon Circle, Nainital. ………..Respondents Hon’ble M.M. Ghildiyal, J Heard Ms. Geeta Parihar, learned counsel for the petitioner, Smt. Beena Pandey, learned Standing Counsel for respondent nos. 1 and 2 and Sri Paresh Tripathi, learned counsel for State of Uttarakhand on behalf of respondents no. 3 and 4. By means of this writ petition, petitioner has prayed for the following relief: a. Issue a writ, order or direction in the nature of Mandamus directing the respondents to give the petitioner compensation amount for taking his services as Forced Labour and for the mental, physical and financial loss suffered by him. b. Issue a writ, order or direction in the nature of ad interim Mandamus directing the respondents to give him all service benefits which they have detained of the period when he served at Almora as a Forced Labour. c. Any other relief, which this Hon’ble Court deem fit and proper. d. Award the cost of the petition to the petitioner. The stand of the petitioner is that he was working as Assistant Teacher in the Education Department, State of U.P. and was retired on 30.06.1994 from the post of Assistant Teacher (Hindi – Sanskrit) from R.R. Inter College, Wajheelpur, Hapur. Learned counsel for the petitioner has submitted that respondents have taken work of Assistant Teacher LT Grade from petitioner, however, he has not been provided promotion in LT Grade. Petitioner is already getting pension on the basis of the last pay received, which is lower than that of LT Grade on which he has worked in the department. Pension is to be paid to the employee on the basis of average pay of last ten months before retirement. Petitioner was not promoted to the post of LT Grade Teacher and it is not the case of the petitioner that he is not getting pension on the basis of last pay drawn by him. Learned Counsel for the petitioner has submitted that petitioner was appointed as Assistant Teacher in CT Grade on 13.07.1970 in National Inter College, Ranikhet, and his services were terminated from the aforesaid school on 30.06.1971. Again petitioner was appointed in SSV Inter College, Hapur, District – Ghaziabad on 15.08.1971 as Assistant Teacher on temporary basis and his services were terminated on 30.06.1972. Thereafter, petitioner was appointed as Assistant Teacher in Sarvodaya Inter College, Pilkhau, District – Ghaziabad on 18.07.1972 and he worked there till 01.09.1972. Lastly, he was appointed on 17.07.1973 as Assistant Teacher in R.R. Inter College Wajheelpur, Hapur, District – Ghaziabad from where he was retired. Learned counsel for the petitioner has submitted that at the time of appointment in R.R. Inter College, Wajheelpur, Hapur, District – Ghaziabad earlier services rendered by the petitioner in different colleges were not counted. Petitioner could not show any provision under which the services rendered by him in other private colleges should have been counted for the purposes of providing him promotion in the Institution from where he was retired and also could not show any provision to count his past services rendered by him in different private colleges for the purpose of pensionary benefits. Now, the petitioner is getting pension of the post from which he was retired. For the reasons recorded above, writ petition lacks merit and as such, is dismissed in limine. Interim relief application is rejected accordingly. No order as to costs. (M.M. Ghildiyal, J) August 09, 2007 SKS