JUDGMENT :

Prakash Padia, J.

1. Heard Shri Ashok Kumar Nigam, the learned counsel for the petitioner and learned Standing Counsel for respondents.

2. The petitioner has preferred the present writ petition, challenging the order dated 31.5.1999 passed by the third respondent, namely Officer Incharge, Collectorate, Rampur, (Annexure-3 to the writ petition), to the extent of reducing pay-scale of the petitioner from Driver to Class-IV employee. A further prayer was made to issue a mandamus commanding the respondents to provide the arrear of salary to the petitioner for the period from 31.5.1999 till date.

3. Few facts need to be mentioned for disposal of this writ petition are that the petitioner was initially appointed on the post of Peon, vide order dated 3.9.1984. Subsequently, on the recommendation of the Departmental Selection Committee, he was appointed as Jeep Driver on 21.12.1988. The aforesaid order of the petitioner is a fresh appointment and not a promotion from the post of Peon. After one year, the service of the petitioner was regularized. While discharging his duties as Driver, the petitioner met with an accident. The aforesaid accident of the petitioner was taken place duri