HIGH COURT OF UTTARANCHAL AT NAINITAL (Court’s order whether the case is or not approved for reporting) (Chapter VIII Rule 32 (2)(b) Description of the case. W.P. No. 4126 (S/S) year 2001 Shri Radhey Shyam Versus State of U.P. Approved for reporting. _______________________ Not approved for reporting Date of decision 30.10.2003 Initial of Judge HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition No.4126 (S/S) 2001 Sri Radhey Shyam …… Petitioner Vs. State of U.P. …… Respondents Counsel for the petitioner Manoj Tiwari Dated: 30-10-2003 Hon’ble Rajesh Tandon, J. By the present writ petition the petitioner has filed the writ petition praying for the following relief’s:- (a) To issue a writ order or direction in the nature of mandamus commanding the Respondent No. 1 to forthwith grant the pay scale of Rs 1200-1800 to the Petitioner with effect from 1-2-1992 i.e. the date of his promotion on the post of Tractor Mechanic. (b) To issue a writ order or direction in the nature of mandamus commanding the Respondent No. 1 and 2 to revise the Pension of the petitioner in the pay scale of Rs. 4000-6000. (c) To issue a writ order or direction in the nature of mandamus commanding the Respondents to forthwith release the entire difference of salary and other retrial dues to the Petitioner consequent to his pay fixation in the scale of Rs. 1200-1800 with effect from 1-2-1992 and Rs. 4000- 6000 with effect from 1-1-1996. Brief facts giving rise to the present writ petition are that the petitioner has alleged he was regularly appointed on the post of Tractor Operator (Driver) (1-6-1964) in the Haldwani Plantation Division of the Department of Forest of the State of U.P. Subsequently after the creation of Ramnagar Plantation Division in the month of August 1964, the petitioner was transferred to Ramnagar Plantation Division and since then he is working continuously in the Plantation Division, which was re-named as Tarai West Forest Division in the year 1978. The petitioner has filed the present writ petition seeking for the release of benefits of IVth Pay Commission, which was implemented in the Forest Department. By interim order in the writ petition is hardship (Hon’ble P.C. Verma J.) was to pass the following order on 8-8-2001. “Notice have been accepted by learned chief Standing counsel on behalf of respondents no.3 and 4, who prays for and is allowed three weeks time to file counter affidavit. Issue Notice to respondents NO.s 1and 2 returnable within aforesaid period. List after three weeks . In the meantime, representation of the petitioner dated 11-9- 1998, contained in Annexure No.7 to the writ petition, shall be disposed of by the respondent by a speaking order.” The petitioner has stated that certain benefits by way of IV Pay Commission G.O dated 30-8-1989 was introduced in the pay scale of Tractor Operator, which was revised from Rs. 330-495 to Rs950- 1500. The petitioner has stated that in view of the work performance and seniority of the petitioner, he has promoted on 24-1-1992 on the post of Tractor Operator to the post of Tractor Mechanic. The petitioner has stated in paragraph 5 of the writ petition that he is entitled for the benefits of the IV pay Commission as applicable to Tractor Operator to the extent of pay scale of Rs. 950-1500.He has also stated that the Tractor Mechanic is drawing the scale of Rs. 975- 1660. According to the petitioner the Tractor Operators further were given promotional pay scale of Rs. 1200-1800 after completion of 16 years of satisfactory service with effect from 1.4.1991. The grievance of the petitioner is that he has been deprived from the benefits of the promotional pay scale after completing the age of 16 years and the said benefit was available to such Tractor Operators with effect from 1.4.1991. The petitioner has already made a representation in this regard. The petitioner has stated inspite of the order the representation of the petitioner has not been decided. With regard to the anomaly created by G.O dated 22.10.1993 which provides that the promotionally pay scale shall be given from 1.4.1991 which has been shown as the cut of date, as well appear from the letter dated 19-8-95 of the Chief Conservator of Forest (Administration Planning) U.P Lucknow . The petitioner has also brought to the notice of the authorities that the petitioner is also entitled for the promotional pay scale. Respondents therefore are directed to decide the claim of the petitioner. The petitioner is also at liberty to file a fresh representation. If the representation is filed the same shall be decided by respondent No. I within a period of one month from the date of the service made of this order. With the aforesaid observations the writ petition is disposed of. There will be no order as to costs. Dated 30-10-2003 (Rajesh Tandon, J.) Mohit