IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 655 of 2008 Satish Chandra Joshi …….Petitioner. Versus State of U.P. and another …Respondents. Mr. Alok Mehra, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Mr. B.D. Upadhyay, Advocate for respondent no. 2. Hon’ble Sudhanshu Dhulia, J. Heard learned counsels for the parties. The petitioner was appointed on the post of Caretaker in Kumaon University on the pay-scale of Rs. 200 – 320. Consequently a decision was taken by the Executive Council of the University, inter alia, enhancing the pay-scale of the Caretaker from Rs. 200 – 320 to Rs. 1400 – 2300. Since this enhanced pay-scale was subject to the final approval of the State Government which consequently declined to approve the aforesaid enhancement of pay-scale, a recovery was initiated from the petitioner for a period between 1.7.1990 to 1.1.1998 for recovery of the enhanced amount. The petitioner has challenged this recovery and has further prayed that the respondents be directed to give him the enhanced pay- scale which is not being paid to the petitioner since 1.1.1998. As far as the recovery from the petitioner between 1.7.1990 to 1.1.1998 is concerned, it is the opinion of this Court that the same cannot be done inasmuch as it is an admitted fact that the petitioner worked as a “Caretaker” during the aforesaid period and the enhanced salary which was given to the petitioner was 2 not by way of any misrepresentation or fraud on the part of the petitioner. Mistake, if any, was on the part of the University. The petitioner, therefore, cannot be penalise and the recovery of the amount already made to the petitioner, cannot be done. As far as the other prayer of the petitioner is concerned regarding the payment of enhanced pay-scale of Caretaker in his case, the same cannot be accepted inasmuch as it has not got the approval of the State Government which is necessary. Therefore, this Court finds no anomaly in the withdrawal of the enhanced pay- scale in the case of the petitioner. The petitioner, however, in respect of this contention for the payment of enhanced pay-scale has annexed a letter dated 30.5.1995 (Annexure No. 13 to the Writ Petition), according to which the enhanced pay-scale has been given to the Caretaker working in Kanpur University. The petitioner, therefore, has prayed for a parity and has prayed that the same scale be given to him. All the same, there are no pleadings to the fact as to what were the conditions of other Caretakers working in other universities in the erstwhile State of Uttar Pradesh as well as in the State of Uttarakhand. This being the state of affairs, the petitioner is free to make suitable representations before the authorities for enhancement of pay-scale, which shall be disposed of within three weeks from today. With the following observations, the Writ Petition is allowed. No order as to costs. (Sudhanshu Dhulia, J.) 23.4.2010 Avneet