11-.....`.?......1=`` IN `TH.E HIGH COURT OF ` ORDER SHEET -v- 'f. serial No. of Order 1.1, •2003 Writ. Petit.ion (C) Til Bah.dur Rai & Othe Versus SIKKIM No. 24 ofl9S/2003 Petitioner/Appellai]t te o£ Sikkim & Others;........Respondent Order with Signature -E=E a+ . I. Heard ur. A. Hou'££cki leaned Counsel for the petiti.oners and Mr. N. a. Khatiwada. learned Aadit.ional Ativocate, General aesi8t.ed by ur. Karm Thlnlay. leaned A8si8tant Covt. Advocat,e I or the opposite party - respondents 1 and 2. Admit , I8§ue ncitlce by registered7y:Sturnable within 6 weeks. Requisit.es for service of notice be filed by tomorrow. Pendency of the writ petition will not st.and on the way of the State Covernlrent. to consider the case of the petitioners for grant.__Of advancement grade__ 1n terms of the relevant clrcmlars and mles. Judge 2003 , ( R. K. Chief Justice 1,8, 2003 , Office Note as to :::ino::ia:3g: _,., # J. L`aJ-Oh#J. °Noti~ ul|ch LLf.:L ^Lthar.. fro-3 . A>trfean r, FlndrF%- 1tiqut= 6` ,I, EEEuE= a-i- _+-i -- `-`+ TIT IEi . Serial No. of Order 13. 8.8.2004 Order with .Sig:atu:e We have heard Shri A. Moulik, learned counsel for the petitioner and Shri S. P. Wangdi, learned Advocate General for the respondents. Memo has been filed on behalf of the respondents stating as follows :- "3. Tha.t aith.ough on merits, the petitioners are not entitled to the reliefs sought for in the writ petition, the State respondents in the interest Of substantial justice and equity have decided to make the following offer to the petitioners for settlement of the grievances :- (a| The petitioners shall be treated at par with those primary school teachers who fell in same category as the petitioners Land had been granted the advancement grade erroneoudy; q])Their scales Of pay shall be worked out retrospectively as per rules prescribed on their behalf bu.t they shall not be entitled to arrears of pay accruing as a result of the revision of their pay; (c| The petitioners shall be paid.the difference in death cub gratuity arising as a consequence a of retrospective revision of pay; (d| The petitioneng shall be paid the enhanced amount Of pension prospectively col]rmencing from the month of September 2004 payable oin October 2004." The above offer made by the respondents appears to be reasonable. Shri Moulik appearing for the petitioner accepts the same. In view of this, we do not find any cause of action further surviving. The memo shall form part of this order. The assurances as indicated in the memo may t]e carried out expeditiously. The writ petition is disposed of with the above observation and direction. ( R. K. cldeifrfuque, 1 `t~t} °agtc;eo'¥ij`;e`;1nsyt)0 taken on Order