WRIT PETITION 224 of 2003 on 9 August 1999

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 224 of 2003

M.P. Gairola & others

… Petitioner

Vs

Khadi Evam Village Industry Commission

& others

… Respondents

Mr. M.C. Pant, Advocate, present for the petitioner Mr. C.K. Sahrma, Advocate holding brief of Mr. Rakesh Thapliyal, Advocate, present for the respondents.

Hon’ble Kalyan Jyoti Sengupta, J. (Oral)

By this writ petition the petitioner prayed for writ of mandamus commanding the respondents to pay the upgraded pay of `8000-13500 along with the arrears w.e.f. 09.08.1999 to the petitioners and to fix their pay in the aforesaid pay scale and to realize their all dues and further to pay 18% interest on the same w.e.f. 09.08.1999.

According to the petitioner, the State Office (Khadi & V.I. Commission) has recommended the case to the appropriate authority. In the counter affidavit the respondents have denied the case of the petitioner contending that the petitioner is not eligible. I am unable to accept this contention, therefore, I direct respondent No. 2 to take decision in the light of the recommendation made on 10.05.2001 on the question of granting upgraded pay scale to the petitioner and thereafter take steps pursuant to such decision in accordance with law within a period of three months from the date of communication of a certified copy of this order. This writ petition is thus disposed of.

There will be no order as to costs.

(K.J. Sengupta, J.)