IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 955 (S/S) of 2003 Sri R.S. Bisht and others. …………Petitioners. Versus U.P. Rajkiya Nirman Nigam Ltd. Vishweshwaraiya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow through its Managing Director and others. ……… Respondents. Ms. Menka Tripathi, learned counsel for the petitioner. Sri A.K. Joshi, learned counsel for the respondents. Dated : May 22, 2008 Hon’ble P.C. Verma, J Heard Ms. Menka Tripathi, learned counsel for the petitioners and Sri A.K. Joshi, learned counsel for the respondents. 2. The facts as narrated in the writ petition are that petitioners no. 1 and 3 are working as Sub Engineer and petitioner no. 2 is working as Assistant Accountant. Petitioners were initially getting medical reimbursement on their basic pay before passing of impugned order dated 23.01.2003. The claim of the petitioners is that all the other allowances are being paid to the petitioners on notional pay w.e.f. 01.01.1996, consequently, the medical reimbursement should also be granted to the petitioners on notional pay w.e.f. 01.01.1996 as the recommendations of the Fifth Pay Commission have not been implemented by the respondent no. 1 - Corporation. In this regard, petitioners have made representation for redressal of their grievance but respondents did not pay any heed. 3. Learned counsel for the petitioners has submitted that similarly situated persons are getting medical reimbursement with retrospective effect, however, respondents are not paying the same to the petitioners. 4. In the facts and circumstances stated above, it is provided that if similarly situated persons are getting medical reimbursement on the notional pay scale with retrospective effect, the case of petitioners shall also be considered by the respondents for payment of the same. 5. With this direction, writ petition is disposed of finally. No order as to costs. (P.C. Verma, J) 22.05.2008 SKS