SUDHIR KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present writ petition the petitioner has prayed for quashing of the order dated 1.11.1995 by which his representation has been rejected by the Director, Animal Husbandry, U.P. Lucknow which is contained in Annexure-11 to the writ petition and for issuance of a writ in the nature of mandamus commanding the opposite parties to fix his scale of pay Rs. 1400-2300 or scale higher to that to which the plant mechanics/ operator such as Kapendra Singh are considered to be entitled to by the concerned Government Department and further for a direction for fixing the pay of the petitioner having regard to the length of service with effect from the date of his initial employment and for payment of the difference in the pay scales from the date of his initial employment treating the petitioner to have been fitted In the pay scale of Rs. 515-860 at the time of the initial appointment. It is further prayed that the opposite parties be directed to fix the pay of petitioner keeping in view of the upward revision in pay scale of the persons initially fitted in the pay scale of Rs. 515-860.

(2.) At the very outset it is to be noticed that vide order dated 30.1.1996 the learned Chief Standing Counsel was granted four weeks' time for filing counter affidavit. Thereafter on 16.8.96 again the learned Standing Counsel prayed for further time to file counter affidavit and he was granted four weeks' time on that date as a last opportunity. But in spite of lapse of even one year from the date of the filing of the writ petition no counter affidavit has been filed. In such circumstances this Court has no option but to decide this writ petition in the absence of the counter affidavit.

(3.) Heard Sri S.K. Mehrotra learned Counsel for the petitioner and the learned Standing Counsel for the opposite parties.