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Judgment
L. Narayana Swamy, CJ
The case of the petitioner is that since he has been appointed on daily wage basis in the year 1991, the Pensionary Scheme prevailing at that time is applicable to him and not the new Pensionary Scheme, which came into force with effect from 15th May, 2003. Hence, he seeks a direction to the respondents to consider his case for granting the old Pension Scheme, which was prevailing on the date of his initial appointment as daily wager.
Mr. Adarsh K. Sharma, learned Additional Advocate General, submitted that as to which of the Scheme will be applicable to the petitioner, is to be examined by the respondents.
We have heard learned Counsel for both the parties.
When a person seeks a writ of mandamus, he should satisfy this Court whether he has approached the Competent Authority and that his case has been rejected. Until and unless the Authorities consider the case of the petitioner, it is not permissible for him to approach this Court directly seeking a writ of mandamus.
Under these circumstances, we dispose of this writ petition permitting the petitioner to approach the respondents for redressal of his grievances. In the event of the petitioner's approaching the respondents, it is for them to consider and pass appropriate orders.
Needless to observe that in case the grievance of the petitioner is not redressed, he will be at liberty to approach this Court, if so advised.
Pending miscellaneous application(s), if any, stand disposed of.