WPSS/291/2022
2022 Latest Caselaw 337 UK

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                                      WPSS No.291 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Ms. Bhumika Gangola, Advocate for the petitioners.

Mrs. Anjali Bhargawa, Addl. C.S.C. for the State of Uttarakhand.

Being conscious of the fact that for the purposes of issuance of a writ of mandamus, there are certain prior conditions, which are required to be satisfied.

The case of the petitioners in the writ petition is, that a writ of mandamus is prayed for directing the respondents for the payment of minimum of pay scale, as it has been similarly paid to the other counter parts of the petitioners as well as the petitioners have prayed for regularization of their services. As per the case of the petitioners they have been respectively serving with the respondents ever since 2017 and 2018, after the orders being passed by the High Court, though they have submitted that they had discharged their duties even prior in time.

Be that as it may.

The counsel for the petitioners contends that they would have been entitled for the remittance of minimum of pay scale in the light of the judgment reported in 2017 (1) Supreme Court Cases 148 State of Punjab and others vs. Jaipal Singh.

In the writ petition there is not even a single whisper that prior to approaching the writ courts, the petitioners had approached the competent authorities for the redressal of their grievances i.e. for grant of minimum of pay scale as a consequence of the period of service which had been rendered by the petitioners. In that eventuality, no specific writ of mandamus could be issued by this Court at this stage.

However, in view of the principles laid down by Jaipal Singh judgment (supra), the claim of the petitioners has had to be considered by the competent authority. In that eventuality while disposing of this writ petition, the liberty is granted to the petitioners to agitate their grievances, as it has been agitated in the present writ petition by filing an appropriate representation before respondent no.1. If the petitioners file representation praying for minimum of pay scale within a period of three weeks from the date of receipt of the certified copy of this judgment, the same would be considered by the respondents exclusively in accordance with law.

However, it is made clear the this Court has not expressed any opinion on the merits of the claim of the petitioners, that has to be decided independently.

(Sharad Kumar Sharma, J.) 22.02.2022 Arti