2025:UHC:2932-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE MR. MANOJ KUMAR TIWARI, J. HON’BLE MR. ASHISH NAITHANI, J WRIT PETITION (S/B) No.46 of 2019 Ram Milan Giri …Petitioner Versus State of Uttarakhand & another …Respondents Counsel for the petitioner Counsel for State : Mr. Bhagwat Mehra, learned counsel. Mr. D.K. Bankoti, learned Standing Counsel. JUDGMENT : (PER HON’BLE MR. MANOJ KUMAR TIWARI. J) By means of present writ petition, petitioner has sought the following relief (s):- “(i) To issue a writ order or direction in the nature of mandamus commanding the Respondent No. 1 to grant revised pay scale of Rs. 10,000-15,200 to the petitioner with arrears, as per the Government order dated 21.12.2001 whereby recommendations of 5th Central Pay Commission were implemented in respect of Teachers. (ii) To issue a writ order or direction in the nature of mandamus commanding the Respondents to fix the salary of the petitioner in the revised pay scale from due date and also to release arrears of salary to him from due date as has been done in the case of persons serving as Principal, Government Aided Intermediate Colleges. (iii) To issue a writ order or direction in the nature of mandamus commanding the Respondents to grant all consequential benefits.” 1 2025:UHC:2932-DB 2. Petitioner was given ad-hoc promotion as Principal, Government Inter College on 11.06.1996, and his services on the post of Principal was regularized on 10.03.1998. On 18.07.1996, petitioner was sent on deputation as Specialist in “Education for All” Scheme at Lucknow, where he served till 02.12.1997. Thereafter, he was posted as Basic Education Officer, Allahabad vide order dated 02.12.1997, and he served at Allahabad till 07.11.2000. Subsequently, on 08.11.2000, petitioner was transferred from Allahabad to District Institute of Education and Training, Bhimtal, Nainital as Senior Lecturer. However, he could not join at Bhimtal, Nainital, as according to the petitioner, he was not relieved by State of Uttar Pradesh. Subsequently, on 13.08.2001, the order of transfer passed in respect of petitioner was modified and he was posted as Senior Lecturer in District Institute of Education and Training, Allahabad, in view of his option for State of Uttar Pradesh. Petitioner ultimately retired on 31.01.2006 and till his retirement, he continued to serve in State of Uttar Pradesh. According to the petitioner, he was a member of hill sub cadre, therefore, his option for State of Uttar Pradesh was not considered, and he was allotted finally for State of Uttarakhand, therefore, he is entitled to get revised pay scale from State of Uttarakhand. 3. Learned State Counsel, however, submits that petitioner served in State of Uttar Pradesh continuously till his retirement and even when he was relieved from State of Uttar Pradesh, he did not join duties in the State of Uttarakhand. 2 2025:UHC:2932-DB 4. Be that as it may. Since petitioner has sought a writ of mandamus for grant of revised pay scale of Rs.10,000-15,200/- as per Government order dated 21.12.2001, we think that it would met the ends of justice, if respondent no.1, be directed to take a decision on the representation submitted by the petitioner Annexure no.8 to the writ petition. 5. The writ petition is accordingly disposed of by directing the respondent no.1, to consider and decide the representation of petitioner dated 22.05.2018, Annexure no.8 to the writ petition as per law, within six months from the date of production of a certified copy of this order. MANOJ KUMAR TIWARI. J. ASHISH NAITHANI, J. Dt:23rd April, 2025 NR/ 3