IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (SS) 560 of 2010 Mani Karnika Misra …Petitioner Versus State of Uttarakhand and others ….Respondents With Writ Petition No. (SS) 4105 of 2001 Mani Karnika Misra …Petitioner Versus State of Uttaranchal and others ….Respondents Present : Mr. V. K. Agnihotri, Advocate for the petitioner. Mr. Anil Bisht, Brief Holder for the State of Uttarakhand. Sudhanshu Dhulia, J. (Oral) Heard Mr. V. K. Agnihotri, Advocate for the petitioner and Mr. Anil Bisht, Brief Holder for the State of Uttarakhand. The main contention of the petitioner in the present writ petitions is that he is liable to be treated as Assistant Geologist whereas respondents treat the petitioner as Geological Assistant. Earlier the petitioner was absorbed in Uttarakhand Cadre by the Central Government by the Reorganization Act stating that the petitioner has been absorbed as Assistant Geologist. However, by the impugned order dated 14.5.2010 the designation of the petitioner has been changed from Assistant Geologist to Geological Assistant. Moreover, the petitioner contends that there is no such structure in the State of Uttarakhand on the post of Geological Assistant. Therefore the contention of the petitioner would be that there is no post of Geological Assistant on which the petitioner could not have been absorbed. The petitioner 2 has also filed a writ petition being Writ Petition No. (S/S) 4105 of 2001 claiming certain arrears of the post of Assistant Geologist. Both two writ petitions are being disposed of altogether. The writ petitions involve appreciation of disputed questions of fact. Moreover the records are not present before this Court. Counsel appearing for the State Sri Anil Bisht has very fairly submitted that the matter be sent to respondent no.3 i.e. Chief Engineer Kumaon Zone, Public Works Department, Almora Uttarakhand who shall decide the representation of the petitioner after hearing his contention on the issue. The writ petitions are disposed of with liberty to the petitioner to make a representation before respondent no.3 i.e. Chief Engineer Kumaon Zone, Public Works Department, Almora Uttarakhand within a period of three weeks from today. In case such a representation is made, the same shall be decided by passing a speaking order therein as expeditiously as possible but definitely within a period of eight weeks from the of filing of such representation filed by the petitioner. With the above observations, both the writ petitions are disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 22.9.2011 Kuldeep