STATE OF U P Vs. RAKESH KUMAR

JUDGEMENT

(1.) Having condoned the delay in filing the special appeal while reserving the judgement on 19.9.2013, heard Sri Bhola Nath Yadav, learned counsel appearing for the appellants and Sri N.L. Pandey, learned counsel appearing for the respondent.

(2.) This special appeal at the instance of State of U.P. through its officers is directed against the judgement of the Hon'ble Single Judge dated 24.4.2013 passed in Writ Petition No. 25505 of 2006. The respondent was the writ petitioner.

(3.) The respondent was working as a Tracer for above 18 years under the work charged establishment. He made a representation for regularization of his services. It was the case of the respondent that some recommendations were made for regularization in service but no orders were passed and accordingly he had filed a writ petition before this Court, which was disposed of directing the authority to decide his claim. In compliance of the said direction his service was regularised on the post of Tracer on 23rd April, 2005. He was allowed pay-scale of Rs.2750-4400. Not being satisfied with the pay-scale granted to him after regularisation, the respondent submitted a representation on the ground that while working as Tracer under the work charged establishment, he had been allowed pay-scale of Rs.3050-4590, which could not be reduced to 2750-4400. The said representation of the respondent having been rejected by the authority, he filed the present writ petition, out of which this special appeal arises.