JUDGMENT Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Subhash Singh Yadav, learned counsel for the petitioner and Sri A.K. Upadhyay, learned Standing Counsel for the respondents. 2. This writ petition has been filed for the following reliefs: “A. Issue a writ order or direction in the nature of mandamus commanding respondents to add the earlier earned services of the petitioner in Auto Tractors Ltd. Corporation in the present service’s of the petitioner. B. Issue a writ order or direction in the nature of mandamus commanding respondents to fix pay and salary of the petitioner, and directed to the concern authorities to release the same in favour of the petitioner with interest and it may be continue in future. C. Issue a writ order or direction in the nature of mandamus commanding the respondent No. 2 to decide and consider the representation of the petitioner. D. Issue any other writ order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. E. Toward cost of this petition.” 3. Briefly stated the facts of the present case are that the petitioner was initially appointed on the post of Draftsman in M/s. Auto Tractors Ltd., Pratapgarh where he worked from 25.5.1980 to 20.11.1990. He was retrenched while working as senior draftsman and a retrenchment certificate dated 8.12.1993 was issued. State Government issued a Government Order/Notification dated 11.11.1993 for adjustment of employees of M/s. Auto Tractors Ltd. in the departments of the State Government. Petitioner was also adjusted and was appointed on the post of Gram Panchayat Adhikari in the pay scale of 3050/- - 4590/- by order dated 22.4.1999. Since pay protection/fixation was not done by the respondents as provided in para 6 of the Government Order/Notification dated 11.11.1993 and as such petitioner moved representation before the concerned authorities of the State Government for fixation and payment of salary as per last salary payment certificate of M/s. Auto Tractors Ltd. in terms of the aforesaid Government Order dated 11.11.1993. Since, the benefit of the G.O. dated 11.11.1993 was not extended to the petitioner and as such he filed this petition. 4. Learned Standing Counsel has obtained instructions pursuant to the orders dated 6.4.2015 and 9.4.2015 passed by this Court.
Since, the benefit of the G.O. dated 11.11.1993 was not extended to the petitioner and as such he filed this petition. 4. Learned Standing Counsel has obtained instructions pursuant to the orders dated 6.4.2015 and 9.4.2015 passed by this Court. He states on the basis of instructions dated 15.4.2015 that the relief of pay protection as prayed by the petitioner in the present writ petition has been granted by the State Government.
4. Learned Standing Counsel has obtained instructions pursuant to the orders dated 6.4.2015 and 9.4.2015 passed by this Court. He states on the basis of instructions dated 15.4.2015 that the relief of pay protection as prayed by the petitioner in the present writ petition has been granted by the State Government. He produced a copy of a Government Order dated 15.4.2015 which is kept on record and is reproduced below : ^^la[;k&322@33&1&2015&3704@2013 izs"kd] v'ouh dqekj JhokLro] la;qDr lfpo] mRrj izns'k 'kkluA lsok esa] funs'kd] iapk;rhjkt] m0iz0 y[kuÅA iapk;rh jkt y[kuÅ% fnukad %& vuqHkkx&1 15 viSzy] 2015 fo"k; %& Jh jke lwjr Bkdqj lsokfuo`Rr xzke iapk;r vf/kdkjh ¼NVuh'kqnk deZpkjh vkVks VªSDVlZ fy0 izrkix<+½ dks osru laj{k.k dk ykHk fn;s tkus ds laca/k esaA egksn;] mi;ZqDr fo"k;d vkids i= la[;k&2@okn@2014&3@191@2013] fnukad 29-8-2014 ds lUnHkZ esa eq>s ;g dgus dk funsZ'k gqvk gS fd Jh jkelwjr Bkdqj] ftudh fu;qfDr vkVks VªSDVlZ fy0 izrkix< ds NaVuh'kqnk ds :i esa ftyk iapk;rjkt vf/kdkjh] dkuiqj uxj ds vkns'k la[;k&75@iapk;r@LFkk&2& @O;0i0@xzk0ia0 v0&pu@99&2000] fnukad 22-4-1999 }kjk xzke iapk;r vf/kdkjh ds in ij osrueku :0 950&20&1150 n0jks0&25&1500 esa gqbZ gS] tks vkVks VªSDVlZ fy0 izrkix< esa NaVuh dh frfFk dks osrueku :0 860&1210 esa vafre osru :0 1090@& izkIr dj jgs Fks dk osru xzke iapk;r vf/kdkjh ds in ij dk;ZHkkj xzg.k djus dh frfFk 3-5-1999 dks fu;qDr in ds osrueku 950&1500 ds fnukad 1-1-1996 ls iqujhf{kr osrueku :0 3050&4590 esa :0 4030@& izfrekg ds ewy osru ds Lrj ij foRrh; fu;e laxzg [k.M&2 Hkkx&2 ds ewy fu;e&27 ds vUrxZr lajf{kr fd, tkus dh Jh jkT;iky lg"kZ Lohd`fr iznku djrs gSA Jh jke lwjr Bkdqj dks mDr in@osrueku esa vxyh osru o`f) ,d o"kZ dh vgZdkjh lsok iwjh gksus ij ns; gksxhA 2- dkfeZd foHkkx ds 'kklukns'k la[;k&3@20@92&dk &2@93] fnukad 11-11-1993 esa mDr fuxe ds NaVuh'kqnk dehZ dks jktdh; lsok esa fu;qfDr in ij osru laj{k.k iznku fd, tkus dh O;oLFkk gSA 3- ;g vkns'k foRr ¼lkekU;½ vuqHkkx&2 ds v'kkldh; la[;k th¼2½359@ x@15 fnukad 16-4-2015 esa izkIr mudh lgefr ls tkjh fd; tk jgs gSaA Hkonh; ¼ v'ouh dqekj JhokLro ½ la;qDr lfpo la[;k&322 ¼1½@33&1&2015& rn~fnukad izfrfyfi fuEufyf[kr dks lwpukFkZ ,oa vko';d dk;Zokgh gsrq izsf"kr %& 1- ftyk iapk;r jkt vf/kdkjh dkuiqj uxjA 2- eq[; dks"kkf/kdkjh] dkuiqj uxjA 3- Jh jke lwjr Bkdqj] lsokfuo`Rr xzke iapk;r vf/kdkjh] dkuiqj uxj }kjk ftyk iapk;rjkt vf/kdkjh] dkuiqj uxjA 4- xkMZ QkbyA vkKk ls ¼vjfoUn iz/kku½ mi lfpo** 5.
As stated by learned Standing Counsel on the basis of instructions received from the respondent No. 1, the relief sought by the petitioner has been granted, and as such the writ petition does not survive. 6. Learned Standing Counsel further states that the respondents have assured that entire amount in consequence to the order dated 15.4.2015 shall be paid to the petitioner within three weeks. 7. Accordingly, this Court directs the respondent No. 1 to ensure the payment, if any, to the petitioner within three weeks from today in consequence to the aforequoted Government order dated 15/16.4.2015. 8. Writ petition is disposed of with the direction aforementioned. ———————