IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO. 819 (S/S) OF 2004 Narayan Dutt Pandey, S/o Sri Parmanand Pandey, R/o V.P.O. Guniya Lekh, District Nainital. .................Petitioner. Versus 1. State of Uttaranchal, through its Secretary, Ministry of Education, Civil Secretariat, Dehradun. 2. Director of Education, 2 Subhash Road, Dehradun. 3. Joint Director of Education, Kumaun Region, Nainital. 4. District Inspector of Schools, Nainital. 5. Principal, Rajkiya Uchchatar Madhyamik Vidhyalaya, Putgaon, Nainital. ............Respondents. Dated: 17.02.2006 Hon’ble Rajesh Tandon, J. Heard Sri Pankaj Miglani, learned counsel for the petitioner and learned Standing Counsel for the State. By the present writ petition, the petitioner has prayed for a writ of Mandamus directing the respondent authorities to pay the revised pay scale to the petitioner since 01.07.2001, as is applicable to him after the implementation of the recommendation of Fifth Pay Commission vide the Govt. Order dated 20.09.2001. Brief facts giving rise to the present writ petition are that the petitioner was appointed as an Assistant Teacher (General) in the pay scale of Rs. 1350-2070 on 29.11.1985.The petitioner was initially appointed in Rajkiya Adarsh Vidhyalaya, Bhimtal (Nainital). After the completion of his ten years of continuous service i.e. since November, 1995, the petitioner got the selection grade 2 of Rs. 4625-6750. Thereafter, vide order dated 07.10.1998, the petitioner was transferred to Rajkiya Uchchtar Madhyamik Vidhyalaya Nai, District Nainital, since C.T. Grade was declared as dying cadre, the petitioner was upgraded to L.T. Grade. Vide order dated 09.03.1999, the order of promotion dated 07.10.1998 pertaining to the petitioner was amended and in its place it was directed that his service was upgraded to Assistant Teacher L.T. Language (Bhasha) instead of Assistant Teacher L.T. and his place of transfer has been amended to Rajkiya Uchchtar Madhyamik Vidhyalaya, Duduli District Nainital instead of Rajkiyal Madhyamik Vidyalaya Nai, Nainital. In pursuance of the aforesaid amended order, the petitioner was relieved from his earlier place on 15.03.1999. Thereafter in the month of September, 2000, the petitioner was transferred to Rajkiya Uchchatar Madhyamik Vidhyalaya, Putgaon, District Nainital and since then the petitioner is working there. Petitioner has submitted that on 20.09.2001, the recommendations of Fifth Pay Commission were implemented and the teachers teaching in the primary and secondary education of the State were given the pay scale recommended by it. As per clause 4 of the aforesaid Govt. Order, it was stated that the amended pay-scale will be payable to the regular teachers and will be payable since 01.07.2001. It was also stated therein that the payment (arrears) pertaining to the period 01.07.2001 till 30.06.2002 will be made directly into the provident fund account of the employee concerned and will be paid on 01.07.2002 and the same could not be withdrawn by the employee concerned till the expiry of three years. It was also provided that the teacher concerned will be given the revised pay-scale in cash since 01.07.2002. 3 Learned counsel for the petitioner has submitted that despite the aforesaid Government Order, the petitioner has not been given the benefit of the pay revision. The petitioner has made a representation on 15.11.2003 stating his grievances, but the same has not been considered. The respondents, therefore, are directed to consider the representation of the petitioner within a period of six weeks from the filing of the certified copy of the order in accordance with the recommendation of the 5th Pay Commission as well as statutory rules. Subject to the aforesaid, writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.) 17.02.2006 Rathour