MOHD AHSAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Bhagwat Mehra, the learned counsel for the petitioners and Sri J. P. Joshi, the learned Chief Standing Counsel for the State of Uttarakhand. Urgency Application No.595/2010 is allowed.

(2.) With the consent of the parties, this matter is being finally decided today itself. The petitioner was given a regular appointment on the post of Urdu Translator-cum-Junior Clerk by the competent authority by an order dated 08th January, 1997 and, since then, the petitioner is working continuously on the said post without any complaint. It is alleged that there is no promotional avenue and the petitioner is stagnating on the post. The petitioner has, therefore, filed the present writ petition seeking a writ of mandamus commanding the State Government to create promotional avenues so that the petitioner may be promoted in a higher pay scale and may not stagnate on the post on which he is working at the present moment.

(3.) It transpires that a similar problem arose in the State of Uttar Pradesh and a large number of writ petitions were filed before the Allahabad High Court. These petitions were disposed of by a judgment dated 08th August, 2005 passed in Writ Petition No.18916 of 2004 titled as "Fazlur Rahman & others Vs. State of U.P. & others" and other connected writ petitions. The Allahabad High Court directed the State Government to examine the matter in the light of the observations made in the judgment and take a decision expeditiously within three months. Pursuant to the direction of the writ court, the Government of Uttar Pradesh issued a Notification No.15/10/94-KA-4-2007 dated 21st February, 2007 giving a higher pay scale to the Urdu Translator-cum-Junior Clerk in the Grade of Rs.4,000-100-6,000/- after completion of 12 years of service. A copy of the said Government Order has been annexed as Annexure-6 to the present writ petition. The State Government has filed a counter affidavit, in which there is a clear cut admission that at the present moment, there is no channel of promotion from the post of Urdu Translator-cum-Junior Clerk. The respondents in their counter affidavit have admitted the direction issued by the Allahabad High Court and the orders issued by the State Government.