IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CLMA DELAY CONDONATION APPLICATION NO. 4672 OF 2008 MCC RESTORATION APPLICATION NO. 877 OF 2008 IN WRIT PETITION NO. 342 OF 2002 (S/S) Ghanshyam …………Petitioner. Versus State of Uttarakhand and others. ………….Respondents. Mr. Sharad Sharma, learned counsel for the petitioner. Mr. H.M. Raturi, learned Standing Counsel for the respondents. 29th July, 2008 Hon’ble P.C. Verma, J. Mr. Sharad Sharma, learned counsel for the petitioner and Sri H.M. Gopal Narain, learned Standing Counsel for the respondents. Present applications have been filed for condonation of delay in filing the restoration application as well as for recalling the order dated 27.10.2006. Perused the grounds shown for condoning the delay in filing the restoration application. The grounds explained for delay are satisfactory. Delay is condoned. Perused the grounds shown for recalling the order dated 27.10.2006. Grounds in order to recall the order dated 27.10.2006 are also found satisfactory. Order dated 27.10.2006 is recalled. 2 Both the applications are allowed. Writ Petition is restored to its original number. By means of present writ petition, the petitioner has prayed for a writ of mandamus commanding the respondents to pay equal pay to the petitioner equivalent to the regular employee on the post of Class-IV. Brief facts of the case are that the petitioner was appointed as a peon in Collectorate, Laksar, Haridwar and he was posted at Tehsil Head Quarter, Laksar. The petitioner was terminated from the service vide order dated 24.8.1992 passed by the District Magistrate, Haridwar. Thereafter, against the said order, the petitioner filed a writ petition before the Allahabad High Court being Writ PetitionNo. 37183 of 1993 and on 9.12.1993, High Court of Allahabad passed an order directing the respondents to appoint the petitioner on daily-wages. Pursuant to the said order, petitioner was allowed to join his duty on 16.12.1993 and since then he is working on the aforesaid post as Peon in Tehsil Head Quarter, Laksar. Grievance of the petitioner is that he is being paid Rs. 35/- per day though he is entitled to get the pay scale of Rs. 750/- per month equivalent to regular employee on Class IV post. The aforesaid fact that the petitioner is still working on the post peon and getting a sum of Rs. 35/- per day has not been denied in the counter affidavit filed by the respondents no. 2 and 3. After hearing counsel for both the parties, I am of the opinion, since the petitioner is still working in terms of the Interim Order passed in WPSS No. 343 of 2002, therefore, he will be entitled to get minimum of pay scale. 3 However, the respondent authorities are directed to pay the petitioner minimum of pay scale. With the aforesaid direction, writ petition is disposed of. No order as to costs. (P.C.Verma, J.) 29.7.2008 Rathour