Court No. - 36
Case :- WRIT - A No. - 10348 of 2020 Petitioner :- Shyam Babu Vishwakarma Respondent :- Secretary / Director Jal Kal And 3 Others Counsel for Petitioner :- Sudhanshu Narain,Rajeev Kumar Ojha Counsel for Respondent :- Shri Ram Pandey,C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, Sri Shri Ram Pandey, learned counsel for respondent nos. 1 to 3 and learned standing counsel for respondent no. 4.
Present petition has been filed with following relief;
"i) Issue a writ, order or direction in the nature of mandamus, directing to respondent no. 2 to decide the representation of the petitioner dated 19.9.2020 and 11.06.2020 (Annexure No. 6 & 5).
ii) Issue a writ or direction directing to respondent No. 2 pay the minimum pay scale to the petitioner in pursuance of the judgement of the Hon'ble Apex Court State of Punjab Vs. Jagjeet Singh and others."
Learned counsel for the petitioner submits that petitioner is being paid less salary and for redressal of grievance, he has moved representations dated 19.9.2020 and 11.6.2020, which are still pending. He next submitted that a suitable direction may be issued to respondent no. 2 to consider the representation of the petitioner dated 11.6.2020 and decide the same within stipulated time to which learned Standing Counsel has no objection.
Under such facts and circumstances, this petition is disposed of with direction to respondent no. 2 to consider the representation of the petitioner dated 11.06.2020 and decide the same strictly in accordance with law maximum within a period of two months from the date of production of computer generated copy of the order. Petitioner is also given liberty to annex photocopy of representation dated 11.06.2020 along with computer generated copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.2 to decide the representation of the petitioner after considering the Act, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.
Order Date :- 22.9.2021 Arvind