Office Notes, reports, orders or proceedings S N L o . .

Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures WPSS 1526/ 2023 Hon’ble Manoj Kumar Tiwari, J.

Mr. T.A. Khan, Senior Advocate, assisted by Mr. Vinay Kumar, Advocate for the petitioners.

Mr. Narayan Datt, Standing Counsel, for the State.

Mr. Rajesh Sharma, Advocate, for the respondent no. 2, 3 and 4.

(2) Petitioners were engaged as daily wager in Uttarakhand Forest Development Corporation to discharge duties as Scaler. By means of this writ petition, petitioners have sought the following relief:

“I. To issue a writ order or direction in the nature of mandamus directing the respondents to pay the petitioners, the arrears of 6^th pay commission effective from 01.01.2006 till the date of reinstatement of the petitioners in the department of respondents no. 2 to 4 alongwith the interest @12% per annum, with all consequential benefits of re-fixation of pay/wages (commencing from 01.01.2006 till the date of actual payment).”

(3) Mr. T.A. Khan, learned Senior Counsel appearing for the petitioners, submits that even though petitioners were entitled to benefit of pay revision in terms of 6^th Pay Commission Report, however said benefit was not given to petitioners, while other similarly situate persons were given the said benefit in terms of the judgment rendered in WPSS No. 47 of 2018. (4) Mr. Rajesh Sharma, learned Counsel appearing for Uttarakhand Forest Development Corporation, however, contends that a daily wager is not entitled to benefit of pay revision, made in terms of Pay Commission Report. He submits that other persons, who were party in WPSS No. 47 of 2018, were given certain benefits, though wrongly, because of the incorrect statement made on behalf of the Corporation before the coordinate Bench of this Court in WPSS No. 47 of 2018. He, however, assures that if petitioners make representation to the competent authority claiming parity with petitioners in WPSS No. 47 of 2018, their claim shall be considered as per law.

(5) Accordingly, writ petition is disposed of with liberty to petitioners to make representation to the competent authority seeking benefit of 6^th Pay Commission. If petitioners make such representation within two weeks from today, decision thereupon shall be taken, as per law, within three months thereafter.

(Manoj Kumar Tiwari, J.)

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