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Judgment
Hon’ble Pankaj Purohit, J.
Petitioner is a daily wage employee with the respondent-Nagar Palika. He has been working as a driver with the said department for the last almost nine years and is being paid a very meagre amount of Rs.350 per working day.
It is the case of the petitioner that counterparts of petitioner who are discharging the duties of regular drivers are being paid the regular pay scale, i.e., Rs.5200-Rs.22200 with Grade Pay of Rs.2000/- per month. Petitioner, in the present writ petition, claims minimum of pay scale to be paid to him.
Learned counsel for the petitioner submits that petitioner has made several oral requests to the respondent-Nagar Palika Parishad to pay him the minimum of pay scale of the persons who are discharging the same duties and are being paid the regular pay scale of Rs.5200-Rs.22200 with Grade Pay of Rs.2000/- per month. But, till date, prayer of the petitioner has not been granted.
It is fairly admitted by petitioner that he has not made any representation to the respondent-Nagar Palika Parishad for grant of minimum of pay scale.
Law is well settled that a mandamus cannot be issued unless petitioner has raised a demand before the authority concerned and, if the demand is not met, a mandamus may be issued in exercise of writ jurisdiction under Article 226 of the Constitution of India. However, since petitioner is a low-paid employee, this Court feels it appropriate to dispose of the writ petition, granting liberty to the petitioner to make a representation to the respondent-Nagar Palika Parishad and directing the respondent-Nagar Palika Parishad to decide it within a stipulated period.
Accordingly, the writ petition is disposed of. Petitioner shall make a fresh representation ventilating his grievance in detail to respondent no.2-Nagar Palika Parishad Vikasnagar, District Dehradun through its Executive Officer within ten days. If such representation is made by the petitioner within the stipulated time, respondent no.2 shall take decision on the said representation within two months from the date of filing of such representation.
Pending application, if any, stands disposed of accordingly.