Devendra Kumar Arora, J. - (1.) HEARD learned counsel for the petitioner and the learned Standing Counsel, appearing on behalf of the opposite parties.
(2.) BY means of the present writ petition, the petitioners pray for a writ in the nature of mandamus commanding the opposite parties to pay the arrears of salary to them w.e.f. 31.3.1989, since when the same is being paid to the other similarly situated persons. Submission of learned counsel for the petitioners is that the petitioner was initially appointed as Part -time Tubewell Operators during the year 1991 on consolidated salary of Rs, 299/ -per month. Later on, as per Notification dated 20.2.1992 he was re -designated as Tubewell Assistant and his salary was also enhanced to Rs. 550/ -per month. In the meantime, similarly situated persons filed a claim petition before the learned Labour Court for grant of regular pay scale at par with the regular tubewell operators which was allowed in the year 1989 and opposite parties were directed to pay salary to the claim petitioners at par with those regular tubewell operators. The award of the Labour Court was challenged before this Court by the State Government. Certain similarly situated persons, namely, Suresh Chandra Tewari and others filed Writ Petition No. 3558 (SS) of 1992 challenging the notification dated 20.2.1992 and also praying for payment of salary in regular pay -scale as admissible to regular appointed Tubewell Operators. Both the writ petitions were clubbed and decided together by this Court vide judgment & order dated 18.5.1994 thereby upholding the award of Labour Court and dismissing the writ petition of State Government as well as allowing the writ petition of Suresh Chandra Tewari and others with a direction for the respondents to pay regular pay -scale to the petitioners. Against the said judgment, the State of U.P. preferred Special Leave to Appeal which was dismissed. Accordingly, the petitioners of the writ petitions were paid regular pay -scale.
(3.) GRIEVANCE of the petitioner is that all the controversy has been settled by this Court in Writ Petition No. 3558 (SS) of 1992, Suresh Chandra Tewari & others vs. State of U. P. & others, 7489 (SS) of 2000 (Awadhesh Kumar & others vs. State of U.P., & others, and 7045 (SS) of 2010, Ghanshyam Misra & others vs. State of U. P. & others but he has not been paid his regular salaries despite the fact that the petitioner is similarly situated person but he has been deprived of his salary.;