HIGH COURT OF UTTARAKHAND, AT NAINITAL Writ Petition No.124 of 2005 (S/S) Palvinder Singh Bedi s/o late Sri Diwan Singh … Petitioner Versus State of Uttarakhand and others … Respondents Dated:- 19th May, 2010 Hon’ble Tarun Agarwala, J. Heard Sri Kavinder Bhatt, the learned counsel for the petitioner and Sri Subhash Upadhyaya, the learned Brief Holder for the State of Uttarakhand. The petitioner was appointed as a Seasonal Clerk and retired on 30th November, 2003. The present writ petition has been filed praying for a writ of mandamus commanding the respondents to grant the benefit of 5th Pay Commission w.e.f. 01.01.1996 and pay the arrears accordingly. Having heard the learned counsel for the petitioner and having perused the counter affidavit, this court is of the opinion that the petitioner is not entitled for any relief in as much as the 5th Pay Commission was adopted by the State of Uttarakhand by an order dated 01.12.2003. In this Government Order, it was made clear that no employee would be entitled for any arrears of salary pursuant to the revision of pay scale for the period from 01.01.1996 to 30.11.2003. The petitioner retired on 30th November, 2003 The 5th Pay Commission was adopted on 01.12.2003 and, therefore, on this short ground, the petitioner is not entitled for any relief. Even assuming that the 5th Pay Commission would be applicable with retrospective effect, even then, the Government Order indicates that no arrears would be paid on account of 5th Pay Commission for the period 01.01.1996 to 2 30.11.2003. The petitioner admittedly retired on 30th November, 2003 and, therefore, on this score, the petitioner is again not entitled for any arrears. This Court is of the opinion that the writ petition is devoid of merit and is dismissed accordingly. (Tarun Agarwala, J.) Dated 19.05.2010 LSR