IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition No. 494(S/S)2007 1. Ramesh Chandra Joshi S/o late Sri Lalmani Joshi, 2. Jagbir Singh Negi S/o Sri Dharam Singh Negi, 3. Payar Chandra Ramola S/o late Sri Karam Chandra, 4. Budhi Singh Negi S/o late Sri Keshar Singh, 5. Suraj Barhtwal S/o late Sri Bhagwan Prasad, 6. Sukhram S/o Sri Janki Prasad, All Assistant Clerk, District Development Office, Dehradun. ---- Petitioners. Vs. 1. State of Uttarakhand through its Secretary, Rural Development, Dehradun, 2. Under Secretary, Rural Development, Uttarakhand, Dehradun, 3. Commissioner, Rural Development, Uttarakhand Dehradun, 4. District Development Officer, Dehradun. ---- Respondent. Sri M.S. Chauhan, learned Counsel for the petitioners, Sri H.M. Raturi, learned Standing Counsel for State of Uttarakhand/respondents, Hon’ble M.M. Ghildiyal, J. Heard Sri Mangal S. Chauhan, learned Counsel for the petitioners and Sri H.M. Raturi, learned Standing Counsel for State of Uttarakhand/respondents. By means of this writ petition the petitioners have prayed for the following reliefs:- a. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to decide the representation of the petitioners strictly in accordance with law and “The 2 U.P. Agricultural Production & Rural Development Department Ministerial Service Rules, 1980”, b. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents not to adjust the Urdu Translators in Assistant/Junior Clerk Cadre, c. Issue any order or direction, which this Hon’ble Court may deem fit and proper under the circumstances of the case, d. Award the cost of this writ petition in favour of the petitioners. Stand of the petitioners is that they were appointed as Junior Clerk in the office of District Development Officer, Dehradun. The services of the petitioners are governed by the Rules known as the U.P. Agricultural Production & Rural Development Department, Ministerial Service Rules 1980. Some persons were appointed in the year 1994 as Urdu Translators under Rule “UTTAR PRADESH URDU ANUVADAK SAHA KANISHTHA LIPIK SEWA NIYMAWALI, 1994”. Through the cadre of petitioners and that of Urdu Translators is entirely different, but the respondents are likely to promote the Urdu Translators on the posts of Senior Assistants. Submission of the learned counsel for the petitioners is that the persons who were appointed as Urdu Translators cannot be promoted or appointed as Senior Assistant, in view of the fact that the cadre of petitioners and that of the Urdu Translators is exclusively different and in the identical matter the Allahabad High Court has already settled the controversy. 3 Counsel for the petitioners have submitted that the petitioners have already moved representation before Commissioner, Rural Development Uttarakhand, Pauri i.e. the respondent no. 3 on 14.09.2006, which was also recommended by the respondent no. 4 i.e. the District Development Officer, Dehradun, however the said representation has yet not been decided by the respondent no. 3. Counsel for the petitioners has further submitted that the respondent no. 3 may be directed to take decision on the representation of the petitioner moved by them respondent no. 3. In the circumstances mentioned above, the respondent no. 3 is directed to take decision on the representation of the petitioners dated 14.09.2006, contained as annexure no. 3 to the writ petition and recommended by respondent no. 4, within a period of three weeks from the date of production of a certified copy of this order. With these directions, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) May 11, 2007: NCM: