IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO. 361 (SS) OF 2006 1. Rajesh Walia, S/o Bala Dutt Walia, Incharge, Rahi Guest House and Tourist Rest House, Piran Kaliar, Roorkee, District Haridwar. 2. Om Prakash Jindal, S/o late J.S. Jindal, Assistant Accountant, 741, Rajpur Road, Dehradun. 3. Vijaypal, S/o Lallu Singh, Electrician Rahi Motal, Haridwar. ……Petitioners. Versus 1. State of Uttaranchal, through the Secretary, Tourism, Uttaranchal, Dehradun. 2. Managing Director, Garhwal Mandal Vikas Nigam Ltd., 74/1, Rajpur Road, Dehradun. ………….Respondents. Sri B.S. Negi, Advocate for the petitioner. Learned Standing Counsel for the respondents. Dated: 10.03.2006 Hon’ble Rajesh Tandon, J. By the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondents to ensure the implementation of the order dated 29.09.2004 (Annexure –8 to this writ petition) forthwith. Brief facts giving rise to the present writ petition are that the petitioner no. 1 was initially appointed on 16.08.1986 on the post of food and beverage on the pay scale of Rs. 490-760 in the U.P. State Tourist Development Corporation Ltd., and posted at 2 U.P. State Tourist Development Corporation Ltd., and posted at Tourist Rest House, Allahabad. The petitioner no. 2 was initially appointed on 11.03.1987 on the post of Junior Accountant on the pay scale of Rs. 410-640 and posted at Lucknow. The petitioner no. 3 was appointed as Electrician on 01.08.1989 in the pay scale of Rs. 320-460 and posted at Tourist Rest House, Haridwar. The services f the petitioners were regularized in the year, 1989, 1988 and 1990 respectively. The petitioners are presently working in the Garhwal Mandal Vikas Nigam Ltd., and before the re-organization of the State of U.P., they were working in the U.P. Tourist Development Corporation Ltd. Before the creation of the State of Uttaranchal, the options were required from the petitioners and in pursuance thereof, all the petitioners submitted their options for the State of Uttaranchal. On 17.03.2001, the State of Uttaranchal issued a notification by which the services of the petitioners have finally been merged with the Tourist Department of State of Uttaranchal. Learned counsel for the petitioners has submitted that the aforesaid notification was issued by the State of U.P. on the basis of mutual agreement between both the States. Motal Rai and Tourist Rest House of Piran Kaliar have finally been handed over to the State of Uttaranchal. On 30.05.2001, the State of Uttaranchal handed over the Tourist Rest House and its employees under the direct control of Garhwal mandal Vikas Nigam Ltd., Dehradun. The petitioners are presently working under the full control of the Garhwal Mandal Vikas Nigam Ltd., (respondent no. 2), which is a statutory body of the State of Uttaranchal and 3 there is no complaint against the petitioners rather the work of the petitioners has been appreciated by the superior authorities. The grievance of the petitioners is that they were not being given the status in which they were performing their duties in the erstwhile State of U.P. and those employees who are already working in the Garhwal Mandal Vikas Nigam Ltd., prior to the petitioners have better status in comparison to the petitioners. Being aggrieved by the ill attitude of the respondents against the petitioner, the petitioners made a representation jointly by all the employees of Rahi Motal Haridwar and Tourist Rest House Piran Kaliar on 23.01.2003 stating therein that they may be given the seniority from their initial date of appointment and the same may be reckoned from the date of appointment in the present department as well as to provide the benefits of the 5th pay commission to the petitioners, but of no avail. The petitioners again made several representations before the respondents. On 12.09.2003, the Government of Uttaranchal wrote a letter to the Managing Director, Garhwal Mandal, Vikas Nigam Ltd. And called for a report in order to resolve the problems of the employees posted in Rahi Motal and Tourist Rest House Piran Kaliar. Learned counsel for the petitioner has submitted that on 06.06.2003 (Annexure No. 8), the State Government has written a letter to the respondent no. 2 stating that the persons allocated to the State of Uttaranchal shall not be deprived of earlier benefits as were being given earlier in the State of U.P. in view of Sections 73 and 74 of the U.P. Reorganization Act. On 29.09.2004, the respondents have passed the order by which the service condition, seniority and pay scale has been fixed. 4 In view of the above, the respondent no. 2 is directed to decide the representation of the petitioners within a period of two months in the light of the order dated 29th September, 2004 from the date of presentation of the certified copy of the order. Writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.) 10.03.2006 Rathour