Kalu Ram vs State of Uttarakhand and Others

B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.

The grievance of the petitioner is that in view of the order dated 05-09-2003, passed by this Court in Writ Petition No. 2341 of 2001 (S/S) Kalu Ram v. State and Ors., a direction was given to the respondent to consider the case of the petitioner. He was granted minimum of pay scale i.e. Rs. 4440/- but by subsequent order dated 25th May 2010, the minimum of pay scale has been amended and it was reduce to Rs. 3514/-.

Learned Counsel for the petitioner has submitted that the petitioner has made a representation to the respondent No. 5 i.e. still pending for disposal and no decision has been taken by the respondent so far on the representation.

Learned Brief Holder prays for and is granted four weeks time to file counter affidavit.

List this petition in the week commencing 20-09-2010.

Till the next date of listing, no recovery shall be made to the petitioner of excess payment pursuant to the order dated 25th May 2010, if not already been made.

It is also directed that in the meantime, the respondent No. 5 shall take decision on the representation of the petitioner by speaking and reasoned order whether the petitioner is covered by the decision given by the Hon''ble Apex Court in Civil Appeal No. 3634 of 1998 State of U.P. and Ors. v. Putti Lal. It is further directed that the respondent shall also explain this fact in the counter affidavit what decision has been taken by the respondent pursuant to the direction given in the earlier writ petition No. 2341 of 2001 (S/S) Kalu Ram v. State and Ors..

Stay application stands disposed of accordingly.