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Judgment
Hon’ble Pankaj Purohit, J. (Oral)
By means of present writ petition, petitioners have sought the following reliefs:-
i)Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to implement the recommendation of 6th Pay Commission/revision of pay as per the Government Order dated 2.2.2010 issued by respondent no.1 and to give the benefit of the same to the petitioners by given notional benefit of 6th Pay Commission/revision of pay from 1.1.2006 to 30.9.2009 and thereafter to give benefit of the same from 1.10.2009 instead of 1.1.2012 to the petitioners.
ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to re-calculate the arrear of salary from 1.1.2006 to 30.9.2009 notionally and thereafter implementing ACP in the basic salary of the petitioners and to give the actual benefit such as arrear of salary and difference of retiral dues like arrear of payment of gratuity, leave encashment and other retiral dues to the petitioners along with admissible interest upon the entire dues up to the actual payment
iii) Issue a writ, order or direction in mandamus commanding and directing the respondents to decide the representation of the petitioners regarding claim of the 6th pay revision as per government order issued time to time to that extant for its implementation.
Petitioners were appointed in erstwhile U.P. State Road Transport Corporation before State reorganization. Their services were subsequently transferred to Uttarakhand Transport Corporation upon State reorganization.
According to the petitioners, other employees of Uttarakhand Transport Corporation were given benefit of pay revision in terms of 6th Pay Commission report w.e.f. 01.01.2006; however, actual benefit was given to them only w.e.f. 01.01.2012.
Learned counsel for petitioners submits that for the said purpose, petitioners have submitted their representation, but the same is still pending disposal. He further submits that if petitioners would make fresh representation for redressal of their grievances and a direction is issued to competent authority to decide the said representation within a time bound manner, the ends of justice would be met.
Learned counsel appearing for Uttarakhand Transport Corporation has no objection if such an order is passed by this Court.
Accordingly, the writ petition is disposed of with liberty to petitioners to make representation to the competent authority in Uttarakhand Transport Corporation in respect of their demand. If they make representation within two weeks from today, decision thereupon shall be taken by the competent authority, as per law, within four months thereafter.