JAIKARAN LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for parties and perused the record.

(2.) BY means of present writ petition, the petitioners are seeking a writ in the nature of certiorari for quashing of impugned order dated 12.6.2009, passed by the Executive Engineer, Nalkoop Khand -I, Lakhimpur Kheri whereby their claim was rejected on the ground that during 5th Pay Commission he had filled up the optional form w.e.f. February, 1996 whereas Vth Pay Commission came into force w.e.f. 1.1.1996. Petitioners have further prayed for a writ in the nature of mandamus commanding the opposite parties to consider and pay all the difference of salary (Rs. 140/ -) to them as has been given to the similarly situated persons working in the same capacity and also pay arrears of salary.

(3.) THE petitioners feeling aggrieved approached the opposite party no. 3 i.e. the Executive Engineer, Nalkoop Khand -I, Lakhimpur Kheri for correction of the anomalies and with a prayer to grant them salary which is being paid to their other counter parts. The opposite party no. 3 by means of order dated 12.6.2009 rejected the claim of the petitioners on the ground that the petitioners themselves had filled up the optional forms and accordingly their salaries have been fixed and there is no anomaly in the same. Being aggrieved, petitioners have approached this Court.