IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO. 363 (SS) OF 2006 Ghanshyam Tiwari, S/o late Sri Brajnand Tiwari, At present Operator Sheetgarh, Prabhari Krishak Sewa Kendra, Kashipur, District Udham Singh Nagar. ………………..Petitioner. Versus 1. U.P. Cooperative Federation Ltd., 32-Station Road, Lucknow, through its Managing Director. 2. Uttaranchal Rajya Sahakari Vipran Sangh Ltd., Dehradun, through its Managing Director. ……………………..Respondents. Mr. A.M. Saklani, Advocate for the petitioner. Mr. Ashish Joshi, Advocate for the respondents. Dated: 10.03.2006 Hon’ble Rajesh Tandon, J. By the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondents to pay the petitioner Annual Increment from 1990 up to date. Further prayer has been made for a writ of mandamus directing the respondents to decide the representation of the petitioner within a period of one month (Annexure Nos. 8, 9, 10 and 11 to the writ petition). Brief facts giving rise to the present writ petition are that on 06.04.1981, the petitioner was initially appointed on ad hoc basis on the post of Operator in the department of U.P. Cooperative Federation Ltd., Sahaganj on the basic of pay scale of Rs. 250-480. In the month of August, 1984, the petitioner was transferred from Sahaganj Janpur to Headquarter vide 2 order No. 31343 dated 16.02.1984. On 31.12.1984, the petitioner was terminated from service. The petitioner has submitted that he was terminated from his service without giving any show cause notice and without any proper reason. Petitioner has further submitted that after his termination from service, he approached the respondent by way of the representation requesting them not to disturb or terminate the petitioner from the service, but of no avail. Thereafter, the petitioner approached the labour Court U.P. Varanasi and the labour Court on 01.08.1989 pleased to pass an order directing the respondents to reinstate the petitioner in service. Learned Counsel for the petitioner has submitted that it is clear from the order of the Labour Court that the petitioner is entitled to get the total pay from his service day when he was reinstated in service dated 26.02.1990. The respondents filed writ petition before the Hon’ble High Court of Allahabad challenging the order dated 01.08.1989 passed by the Labour Court. The Hon’ble High Court was pleased to pass an order directing the respondents to reinstate the petitioner in service and provide full salary to the petitioner and also held that the petitioner is entitled to get the half salary prior to 26.02.1990. Pursuant to the Hon’ble High Court’s order dated 26.02.1990, the respondents started paying full salary to the petitioner from 21.03.1990. The petitioner has submitted that he was appointed as an Operator in the year, 1981 and his pay scale was 250-480. The said pay scale was revised and fixed the pay scale of the petitioner on 1200-2040, but at present the petitioner is getting only Rs. 4000/- per month without any increment though 3 similar employees are getting pay scale of Rs. 4000-6000/- with annual increment. Petitioner has submitted that in this respect he has made several representations, but no action has been taken by the respondents till date. In view of the above, the respondents are directed to consider the claim of the petitioner for annual increment and decide the representation of the petitioner dated 28.07.1996, 01.01.2002, 22.09.2005 and 22.12.2005 (Annexure Nos. 8, 9 10 and 11 to the writ petition) within a period of two months from the date of presentation of the certified copy of the order. Writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.) 10.03.2006 Rathour