Heera Singh vs State Of Uttarakhand And Others
2021 Latest Caselaw 3699 UK

    HIGH COURT OF UTTARAKHAND AT NAINITAL

                    Writ Petition (S/S) No. 1207 of 2021


Heera Singh                                                   .......... Petitioner

                                       Vs.

State of Uttarakhand and others                        ............ Respondents


Mr. Hem Chandra Joshi, Advocate for the petitioners.
Ms. Anjali Bhargawa, Additional Chief Standing                 Counsel    for   the
State/respondents.


                                 JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant writ petition, petitioner seeks the following reliefs:

"i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay prevailing minimum of pay scale as per recommendation of 7th pay commission including Dearness Allowance along with arrears as per recommendation of 6th and 7th pay commission as being paid to the similarly situated employees working in the department in accordance with law.

ii. Issue any other order or direction which is deemed fit and proper under the facts and circumstances of the case in favor of the petitioner.

iii. Award cost of the writ petition to the petitioner.

2. It is the case of the petitioner that he is working as a daily wager to the respondents department. But, he is not being paid the remuneration, which he is entitled to. Hence, the writ petition.

3. Heard learned counsel for the petitioner and perused the record.

4. Learned counsel for the petitioner would submit that the petitioner is not being paid the remuneration, to which, he is entitled to, despite the representation having been made. He restricts his prayer to the extent that the petitioner may be given the liberty to file a fresh representation to respondent no.3 within a period of 10 days from today with the further directions to the respondent no.3 to take decision on the representation within the given time.

5. Learned State counsel gives a statement that in case, such a representation is made by the petitioner, a decision will be taken on it within a period of one month from the receipt of the representation.

6. The Court takes on record the statement given by the learned State counsel.

7. The writ petition is disposed of with the liberty to the petitioner to make a fresh representation to the respondent no.3 within a period of 10 days from today with the further directions to the respondents that upon such representation having been made, that shall be decided within a period of one month thereafter.

(Ravindra Maithani, J.) 18.09.2021 Sanjay