NANAD KISHOR NAITHANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present writ petition, petitioner has prayed for the following reliefs:

(2.) Brief facts of the case are that the petitioner was initially appointed on the post of Guide on 01.06.1986 in Garhwal Mandal Vikas Nigam Ltd. Thereafter, on 20.08.1996, the petitioner was promoted to the post of Assistant Manager. It is contended that at the time of creation of the State of Uttarakhand the petitioner was working against a substantive vacancy of Assistant Manager in Garhwal Mandal Vikas Nigam. The State of Uttarakhand came into existence on 09.11.2000 in terms of the U.P. Reorganization Act, 2000. By the order dated 08.11.2000, the Garhwal Mandal Vikas Nigam Ltd. attached/posted the petitioner in Governor's Household Establishment.

(3.) It is also contended that in view of the order dated 8.11.2000, the petitioner was continuing on the post of Assistant Manager. Subsequently, the Secretary, Governor's Secretariat vide order dated 08.02.2001 issued a separate order and posted the petitioner on deputation as Steward in the Governor's Household Establishment. The petitioner was posted on the post of Steward in the pay scale of Rs. 5500-9000. Thereafter, vide Government Order dated 19.09.2001, the State Government created the posts of the employees in the Governor's Household Establishment. By the said Government Order, one post of Steward in the pay scale of Rs. 4500-125-7000 was also sanctioned. Thereafter, by a notification dated 08.10.2004, the State Government framed Absorption Rules, 2004 for the employees working in the Governor's Secretariat and also the Raj Bahwan Household Establishment. Thereafter, the Secretary, Governor's Secretariat vide his order dated 15.12.2004 absorbed the petitioner as Steward in the Governor's Household Establishment. Services of the petitioner were absorbed in the Government Household Establishment, but the service rendered by him in Garhwal Mandal Vikas Nigam Ltd. has not been considered for fixation giving the benefit of A.C.P. However, the pay has been fixed considering his past service.