2026:UHC:4197
WPSS 1396/2026
Hon’ble Manoj Kumar Tiwari, J.
Mr. Vikram Singh Dhapola, Advocate, for the petitioners.
Mr. K.N. Joshi, Deputy AG, for the State.
(2) By means of this writ petition, petitioner has sought the following relief:
“I. Issue a writ order or direction in the nature of mandamus, commanding and directing the respondents to pay arrears of minimum of pay scale as per recommendation of 6th pay commission w.e.f. 1.1.2006 to year 2009 with interest, to the petitioner in accordance with law.”
(3) Learned State Counsel, however, submits that even though petitioner served as daily wager for certain period, however he was selected and appointed by direct recruitment as Forest Guard on 23.1.2009; thereafter he was promoted as Forester and he ultimately retired on 30.11.2023. He submits that petitioner has now staked claim for minimum of pay scale for the period he served as daily wager. He submits that claim staked by the petitioner is highly belated and cannot be granted after he accepted various benefits from the department, including pension and gratuity.
(4) This Court finds substance in the submission made by learned State Counsel. Petitioner is staking claim for minimum of pay scale after more than 20 years and, in between, he received various benefits in the shape of his regular appointment, promotion, pension, gratuity etc.
(5) Thus this Court is not inclined to grant the relief as claimed by the petitioner. Learned Counsel for the petitioner submits that petitioner may be permitted to make a representation. Writ petition is, accordingly, disposed of with liberty to petitioner to make representation. If he makes representation, decision thereupon shall be taken, as per law, within four months.
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