HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 2107 of 2022 Jagat Chand Ramola and another ......Petitioners Versus State of Uttarakhand and others ….Respondents Present:

Mr. C.D. Bahuguna, Senior Advocate, assisted by Mr. C.S.

Dalakoti, Advocate for the petitioners.

Mr. K.N. Joshi, D.A.G. for the State.

Hon’ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to the orders dated

01.09.2022 and 01.08.2022 issued by the respondent no.2/Senior Staff Officer (Establishment), in the Office of the Engineer-In-Chief, Public Works Department (“PWD”), Dehradun. The order dated 01.09.2022 relates to the petitioner no.2 Kushal Singh Panwar and order dated 01.08.2022 relates to the petitioner no.1 Jagat Chand Ramola. These orders were passed post retirement of the petitioners, which records that in the year 1995, the petitioners were absorbed in the service, but they were given higher pay scale of Rs.1200 – Rs.2040, whereas they were entitled to the pay scale of Rs. 950 – Rs. 1500 and accordingly. By these impugned orders, directions were given that the dues and pension of the petitioners may be fixed.

2. Briefly stated, according to the petitioners, after appearing in written examination and the interview, they were appointed on the post of Project Workers in the Bonded Labourer Rehabilitation Scheme (“the Scheme”) in the State of Uttarakhand. The petitioner no.1 was appointed on 23.03.1984 and the petitioner no.2 was appointed on 25.02.1982 on the pay scale of Rs. 250 – Rs. 425. They joined their posts on 24.03.1984 and 05.03.1982, respectively. Subsequently, the Scheme was abandoned by the Government and the services of the petitioners were terminated by an order dated 29.01.1992. This order was challenged before the Hon’ble High Court judicature at Allahabad. The Hon’ble High Court judicature at Allahabad on 26.10.1993 allowed the writ petition; quashed the termination orders of all the project workers, including the petitioners and issued direction to the State Government for absorption of the petitioners in the Government Department. Against this order, SLP was also dismissed. When the State of Uttar Pradesh did not comply with the directions dated 26.10.1993, passed by the Hon’ble High Court judicature at Allahabad, contempt petition was filed. Subsequently, the petitioners were absorbed in PWD, Dehradun as Junior Clerk on 05.04.1995 at a pay scale of Rs. 950 - Rs1500. They joined their duties.

3. It was the case of the petitioners that since they were working as a Project Workers in the Scheme in the pay scale of Rs.1200 – Rs.2040 and they were absorbed in the pay scale of Rs.950 – Rs.1500, they agitated their claim so as to get pay protection and finally, it was allowed by the orders dated 29.04.2008 and 12.03.2008 issued by the Chief Engineer, Level-I, PWD, Dehradun. Thereafter, the petitioners were given promotional pay scale etc. and after completing their tenure, the petitioners retired. The petitioner no.1 was retired on 31.01.2021 and the petitioner no.2 was retired on 31.09.2021. They were not paid their dues and by the impugned order, it was observed that on 05.04.1995, their absorption was wrongly done in the pay scale of Rs.1200 – Rs. 2040, whereas, it ought to have been in the pay scale of Rs.950 – Rs.1500. Accordingly, directions were issued to calculate the pay of the petitioners throughout their career and thereafter, their pension matter may be settled. This is impugned.

4. The respondent nos. 2, 3, 4, 5 and 6 have filed their counter affidavit. The events, the joining of the petitioners as project workers in the Scheme, their termination and subsequent absorption on 05.04.1995 in the PWD has been admitted by these respondents. In the counter affidavit, in para 3, these respondents have admitted that initially, the petitioners were absorbed on the post of Junior Clerk. Rs.950 – Rs. 1150, but subsequently, on 29.04.2008, it was decided to absorb them in the pay scale of Rs.1200 – Rs.2040