(1.) Heard Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. G.D. Joshi, and Mr. B.P.S. Mer, Brief Holder for the State of Uttarakhand.
(2.) The petitioner before this Court had filed the writ petition claiming several reliefs. Out of these reliefs, the two important reliefs the petitioner had sought are quashing of order dated 6.8.2009 which is Annexure No. 17 to the writ petition and consequently a Mandamus from this Court that the respondents be directed to pay the salary to the petitioner to the post of Junior Clerk cum computer operator with effect from 8.5.2006.
(3.) The need for filing the present writ petition and for seeking the above mentioned reliefs came up for the reasons that initially the petitioner who was working as a class IV employee in the Social Welfare Department, Government of Uttarakhand was transferred vide order dated 29.06.2005 by the Director, Social Welfare Department, Uttarakhand, Haldwani, Nainital on an in cadre post to Other Backward Commission, Dehradun. This order has been annexed as Annexure No. 1 to the supplementary counter affidavit which has been filed by the State. The exact terms and conditions, which have an important bearing with the present matter will be referred to later.