GIRISH CHANDRA KANDPAL Vs. THE DISTRICT JUDGE NAINITAL

JUDGEMENT

(1.) HEARD Sri Pooran Singh Rawat, the learned Counsel for the Petitioner and Sri D.S. Patni, the learned Counsel for the Respondent.

(2.) BY way of the present writ petition, the Petitioner has prayed for a writ of mandamus commanding the Respondent to give him the grade pay of Rs. 2800/ - w.e.f. 01 -01 -2006 and Rs. 4200/ - w.e.f. 01 -02 -2007 in pursuance of the order dated 24th June, 2009 passed by the Judge, Family Court, Nainital.

(3.) ADMITTEDLY , the Petitioner is an employee of the District Court, Nainital and is not an employee of the Family Court, Nainital nor his services has been absorbed in the Family Court, Nainital. The Court asked the learned Counsel for the Petitioner as under what powers does the Family Court has to grant the grade pay to the Petitioner with retrospective effect when the Family Court is not the employer. In the absence of any suitable answer being given, the Court is of the opinion that the Judge, Family Court, had no power to give the grade pay to the Petitioner with retrospective effect as per the order dated 24th June, 2009. If the Petitioner was entitled to be given the selection grade and/or the promotional grade pursuant to the Government Order dated 28th February, 2009, the appropriate remedy available with the Petitioner was to approach the competent authority which has not been done. This Court is of the opinion that the order of the Family Court dated 24th June, 2009 is a non est order and cannot be implemented.