HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition No. 806(S/S)2006 1. Arun Kumar S/o Sri Harpal Singh Presently posted as Operator in Uttaranchal Jal Vidyut Nigam Ltd. Pariyojana, Kullagar Division, Office at Dharchula, District Pithoragarh. 2. Chandan Singh Karki S/o Sri Diwan Singh Karki, Presently posted as Lineman in Uttaranchal Jal Vidyut Nigam Ltd. Pariyojana, Kullagar Division, Office at Dharchula, District Pithoragarh. 3. Ramesh Chandra Pathak S/o Sri Hari Dutt Pathak, Presently posted as Operator in Uttaranchal Jal Vidyut Nigam Ltd. Surigar Pariyojana, Munsiyari Division, Thal, District Pithoragarh. 4. Radheyshyam Pathak S/o Rambodh, Presently posted as Operator in Uttaranchal Jal Vidyut Nigam Ltd. Pariyojana, Kotabagh Division, Thal, District Nainital. 5. Khiyali Ram S/o Ghan Ram, Presently posted as Operator in Uttaranchal Jal Vidyut Nigam Ltd. Kanchauti Pariyojana, Dharchula, Division, District Pithoragarh. 6. Ganesh Dutt Joshi S/o Jai Dutt Joshi, Presently posted as Operator in Uttaranchal Jal Vidyut Nigam Ltd. Chhitkila Pariyojana, Division Dharchula, District Pithoragarh. 7. Virendra Singh Kanyal S/o Ganga Singh, Presently posted as Operator in Uttaranchal Jal Vidyut Nigam Ltd. Barar Pariyojana, Division Thal, District Pithoragarh. 8. Mukesh Chand Pangriya S/o Gopal Dutt Pangriya, Presently posted as Operator in Uttaranchal Jal Vidyut Nigam Sapteshwar Pariyojana, Division Thal, Champawat, District Pithoragarh. 9. Bhupendra Ram S/o Kalyan Ram, Presently posted as Operator in Uttaranchal Jal Vidyut Nigam Ltd. Division Dharchula, District Pithoragarh. ----Petitioners. Versus 2 1. State of Uttaranchal through Secretary, Power & Energy, Dehradun, 2. Chairman & Managing Director Uttaranchal, Jal Vidyut Nigam Ltd. Ujjwal Bhawan, Maharani Bagh, G.M.S. Road, Dehradun, 3. Executive Director, (H.R.) Uttaranchal Jal Vidyut Nigam, Ltd. Ujjwal Bhawan Maharani Bagh, Dehradun, 4. Executive Engineer, Uttaranchal Jal Vidyut Nigam Ltd. Thal Division, Purana Bazar, Thal, Pithoragarh, 5. Executive Engineer, Uttaranchal Jal Vidyut Nigam Ltd. Dharchula Division, Pithoragarh. ----Respondents. Sri M.S. Pal, learned Senior Counsel for the petitioners. Learned Standing Counsel for the respondent no. 1, Sri Vinay Kumar, learned counsel for the respondent nos. 2 to 5. Hon’ble M.M. Ghildiyal, J. Heard Sri M.S. Pal, learned Senior Counsel for the petitioners, learned Standing Counsel for the State/ respondent no. 1 and Sri Vinay Kumar, learned counsel for respondent nos. 2 to 5. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- i. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the revised pay-scale of Rs. 4000-6000 alongwith the arrears to the petitioners as is being given to the employees of Uttar Pradesh Jal Vidyut Nigam Limited vide order dated 22.01.2003, ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to promote the petitioners to the post of Junior Engineer, iii. Issue a writ, order or direction in the nature of mandamus directing the respondents to grant the special allowances to the petitioners from 14.01.2000, 3 iv. Issue any suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case, v. Award the cost of the writ petition to the petitioners. 3. Submission of the learned counsel for the petitioners is that the petitioner were appointed as Operators in U.P. Jal Vidyut Nigam in between 1991 to 1996 and they have been regularised during the year 1995 to 1998 on the post of Operators. 4. The sole grievance of the petitioners is that they are not being paid revised pay-scale on the post of Operators. The petitioners in para-14 of the writ petition have submitted that one Sri Ram Singh Adhikari, who was appointed alongwith the petitioners, has already been provided promotion by the respondents on the post of Junior Engineer, though he is junior to the petitioner nos. 2 & 4. The petitioners’ Association has raised their grievances before the General Manager, U.P. Jal Vidyut Nigam, Dehradun vide resolution dated 31st January 2005 and 28th June 2005, however the respondent has not paid any heed towards these representations. 5. Learned counsel for the petitioners has confined his prayer that the respondents may be directed to take decision on the representations of the petitioners dated 31.01.2005 and 28.06.2005, within the period prescribed by the Court. 6. The prayer is innocuous. 7. Considering the facts as narrated in para-14 of the writ petition that the junior to the petitioner has already been 4 promoted to the post of Junior Engineer, I think it just and proper to direct the respondent no. 3 to take decision on the representations of the petitioners dated 31.01.2005 and 28.06.2005, which are annexed as annexure nos. 6 & 8 to the writ petition respectively, within a period of six weeks from the date of production of a certified copy of this order. 8. With these directions, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) June 22, 2006: NCM: ………………