RAM CHANDRA BHARDWAJ Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) RAJESH Tandon, J. Heard the learned Counsel for the parties at length.

(2.) BY the present writ petition the petitioner has prayed for the issue of a writ, order or direction in the nature of mandamus directing the respondents to grant the time scale to the petitioner after completion of 8 years and 14 years of service. 3. Briefly stated the facts giving rise to the present writ petition are that the petitioner was appointed on the post of Officer on Special Duty Sports, vide appointment letter dated 5-1-1987. The post of the petitioner later on was transferred from Sports Department to Tourism Department vide order dated 8-4-1994. The petitioner has submitted that after recommendation of Pay Commission Report he was sanctioned pay scale of Rs. 2350-4300. The State Government accepted the recommendation of Samta Samiti and time scale was provided after completion of 8 years and 14 years service. The petitioner has further mentioned that the employees getting pay scale of Rs. 2200-4000 was allowed further pay scale of Rs. 3000-4500 after completing 8 years service. The petitioner has completed 8 years service in the pay scale Rs. 2350-4300 and as such he became entitled to get pay scale of Rs. 3200-4875 on January 1995. 4. The petitioner has further stated that he has preferred representations on 15-10-1996 and 14-12- 1996 to the Director, Tourism Hills, Dehradun who has recommended on 19-11-1996 to pay higher pay scale to the petitioner and wrote to the Special Secretary, U. P. Government Tourism Department. Again the petitioner has preferred representation on 28-7-1997. 5. The State of Uttaranchal vide order dated 12-3-2001 has suspended the benefit of time scale for those persons who are getting pay scale of Rs. 8500-13500 and more but said order was again revoked vide order dated 3-3-2003. 6. The service conditions of the petitioner are regulated by Uttaranchal Tourism Development Board Act, 2001. Rule 11 (2) of the said Act provides as under: "11 (2 ). The officers and employees working in the Department of Tourism who shall he merged in the Tourism Board will be governed by the Government Servant Service Rules and their post retirement benefits i. e. , pension, leave encashment, gratuity etc. shall be borne by the Government. " 7. The Government orders are not mutatis mutandis apply to the officers and employees of the Uttaranchal Tourism Development Board but the same are applicable to them after approval of the Board. After merger of the services of the petitioner in Uttaranchal Tourism Development Board, the Government is liable to bear only post retirement benefits i. e. pension, leave encashment, gratuity etc. as provided under Regulation 11 (2) (supra) but salary and other expenses which shall be incurred on the employees of the Board shall be borne out by the Board itself. 8. Respondent No. 3 Uttaranchal Tourism Development Board is, therefore, a competent authority in order to hear the grievance of the petitioner. The respondent No. 3 is directed to decide the representation of the petitioner within two months after the receipt of the certified copy of this order. 9. With the aforesaid observations, the writ petition is disposed of. Petition disposed of. .