THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1543 of 2004. Mohan Singh Mahra S/O Sri Kunwar Singh Mahra (since deceased) substituted by 1/1 Smt. Heera Devi and others. … Petitioners. Vs. State of Uttaranchal and others. …Respondents. Mr. C.D.Bahuguna, Advocate, learned counsel for the petitioners. Mr. Subhash Upadhyay, Brief Holder, learned counsel for the respondents. Date September 10, 2010. Hon’ble B.S.Verma, J. (Misc. Application No. 7690 of 2010) Heard learned counsel for the parties and perused the record. This Miscellaneous Application No. 7690 of 2010 has been moved on behalf of the petitioners with the prayer that the writ petition may be decided in the same terms, as has been decided in Writ Petition of Daulat Ram Sharma (Writ Petition No. 2134 of 2001(S/S) Daulat Ram Sharma Vs. State of Uttaranchal and others, decided by order dated 24-6-2004). By means of this writ petition, the petitioner-Mohan Singh Mahra (since deceased) has sought a writ in the nature of mandamus commanding the respondents to grant L.T. grade to the petitioner w.e.f. the date of provincialisation and upgradation of the institution with all consequential benefits of service i.e. 1-8-1978. It appears that one Daulat Ram Sharma filed Writ Petition No. 2134 of 2001 (S/S) before this Court praying for writ of mandamus and claiming L.T. grade from the date of upgradation and provincialisation of the school from 8-7-1976. This writ petition was allowed by order dated 24-6-2004 passed by this Court. Learned counsel for the petitioner submitted that this writ petition was earlier allowed in terms of the order dated 24-6-2004 passed by this Court in W.P.S.S. No. 2134 of 2001, Daulat Ram 2 Sharma Vs. State of Uttaranchal and others by order dated25-8-2005. Subsequently, modification application No. 6731 of 2005 was moved before this Court for clarification of the date of provincialisation and upgradation of the institution of the petitioner. The modification application was disposed of by order dated 6-9-2005 and it was directed that the petitioner Mohan Singh Mahra shall be treated in LT grade w.e.f. 1-8-1978 and arrears of salary to the petitioner shall be paid to him with effect from 01-08-1978. Subsequent to that, the respondents-State filed a recall application (No. 12461 of 2006) on the ground that the order passed in WPSS No. 2134 of 2001 Daulat Ram Sharma Vs. State of Uttaranchal and others, on the basis of which this writ petition bearing WPSS No. 1543 of 2004 had been allowed, has been stayed by a Division Bench of this Court on 26-9-2006 passed in Special Appeal No. 72-D of 2006 (Special Appeal No. 122 of 2006), which has been preferred by the State, therefore, the orders dated 25-8-2005 and 6-9-2005 be recalled. The recall application was allowed and the orders were recalled by order 8-12-2006. Thereafter, by order dated 3-12-2009 passed by the Division Bench, the special appeal No. 122 of 2006 was finally dismissed. The copy of order has been annexed by the petitioners as Annexure-1 to the Miscellaneous Application No. 7690 of 2010. A perusal of the order dated 3-12-2009 reveals that the order passed in WPSS No. 2134 of 2001 was affirmed. Accordingly, in view of the judgment dated 3-12-2009 passed in Special Appeal No. 122 of 2006 State of Uttarakhand and others Vs. Daulat Ram Sharma, the order dated 25-8-2005 as modified by order dated 6-9-2005 passed in the writ petition is maintained and the writ petition is allowed accordingly. Miscellaneous Application No. 7690 of 2010 stands disposed of. (B.S.Verma,J.) RCP