IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 759 of 2005 (S/S) Bhairav Datt Joshi S/o Late Sri G.B. Joshi Retired Store Keeper P.W.D. Haldwani R/o Govind Niwas, Badripura, Haldwani District – Nainital … Petitioner Versus 1. Principal Chief Engineer P.W.D., Vyavasthapan GA (Ga) Verg Lucknow 2. Finance Controller, P.W.D., Lucknow 3. State of Uttar Pradesh through Principal Secretary, P.W.D., Lucknow 4. Chief Engineer Grade I, P.W.D., Dehradun 5. Chief Engineer, Kumaon Region, P.W.D., Almora 6. Superintending Engineer, 53rd Circle P.W.D., Haldwani … Respondents Sri Chetan Joshi, learned counsel for the petitioner Smt. Bina Pandey, learned Standing Counsel for the U.P. Govt. for respondent nos. 1, 2 & 3. Sri Paresh Tripathi, learned Standing Counsel for the respondent nos. 4, 5 & 6. Hon’ble B.C. Kandpal, J. By way of this writ petition a writ in the nature of mandamus has been sought directing the respondent nos. 1, 2 & 3 to pay the petitioner arrears of salary, pension and his monthly pension at enhanced rates and also pay the balance of gratuity. Brief facts giving rise to this writ petition are that the petitioner was appointed as Store Keeper in ex-cadre post of Store Keeper in Lok Nirman Vibhag (P.W.D.), Haldwani. The petitioner has served more than 30 years and he retired from the same post. The post being ex-cadre, there is no 2 promotional avenues. The petitioner retired from the same post on 31.10.1999. The total length of service of the petitioner was 37 years 10 months and 23 days. The petitioner retired in the pay scale of 3200-85-4900. The petitioner had satisfactory service record throughout his career. The petitioner found that the pension which was granted to him needs amendment in view of the Government Orders issued time to time. Hence, this writ petition. Heard learned counsel for the petitioner, learned Standing Counsel for the State of U.P., learned Standing Counsel for the State of Uttaranchal for the respondents and perused the record. The petitioner in his writ petition has averred as follows:- “(A) That Government order dated 4.2.1983 was effected from 1.7.1982. (B) That by Government order dated 1.5.1984 the term of First Promotion was reduced to 10 years from 16 years. (C) That the IVth commission report was effective from 1.1.1986 but the same was issued on 3.6.1989. (D) That the Government Order dated 15.04.1994 was effective on completion of 16 years from 1.7.1988 but was issued on 15.4.1994. (E) That the IVth pay commission report was effective from 1.1.1996 but the Government order in this regard was issue on 23.12.1997. (F) That the Government order dated 5.2.1997 was effective from 1.7.1992. 6. That thus the petitioner on letter and spirit of implementation of Government order dated 4.2.1983 was entitled to selection grade of 454-600 on 1.7.1982 and not on 1.7.1985. 3 7. That on true implementation of Government order dated 15.4.1994 the petitioner was entitled for personal promotion the scale of 975-1660 w.e.f. 1.7.1988 and not from 1.7.1992. The effect of aforesaid Government order was also that he was entitled for time scale of 1200-1800 w.e.f. 1.4.1991 on completion of 20 years of service. 8. That the effect of Government order dated 5.2.1997 was that the petitioner was entitled to one increment on 1.7.1992 and second personal promotion on completion of 24 years of service w.e.f. 1.7.1997 in the pay scale 4500-7000 but he has been retired in the pay scale of 3200-4900 i.e. two scale lower. True copies of the Government orders dated 4.3.1982, 9.5.1984, 15.4.1994, 8.3.1995, 5.2.1997 are marked as annexure II, III, IV, V and VI to this writ petition.” From the perusal of the Government Orders dated 4.3.1982, 9.5.1984, 15.4.1994, 8.3.1995, 5.2.1997 it reveals that the case of the petitioner required active and positive consideration. The petitioner has submitted that he has already sent the representation to the Chief Engineer, P.W.D., Lucknow on 01.03.2005 and this representation has been sent to Chief Engineer Grade I, P.W.D., Dehradun for disposal accordingly to the rules and laws vide letter dated 16.03.2005. The petitioner has also filed the copy of the representation dated 26.02.2005 as annexure XI of this writ petition and this representation reveals that the petitioner has sent the same to Chief Engineer Kumaon Region, P.W.D. Almora. Again annexure XII to this writ petition also shows that the petitioner has also sent the representation to Chief Engineer Kumaon Region, P.W.D., Almora on 04.03.2005. 4 In view of the aforesaid Government Orders, the representations of the petitioner requires a deep and positive consideration. I, therefore, direct that the respondents to decide the representations of the petitioner within a period of 30 days by speaking & reasoned order from the date of filing the certified copy of the judgment. With these observations, the writ petition is finally disposed of. (B.C. Kandpal, J.) 16th June, 2005 Shiv