- (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. Petitioners before this Court, who are three in number, were appointed as Work Charge Agent in the employment of Public Works Department, Ballia. They are stated to have filed a writ petition before the Lucknow Bench of this Court being Civil Misc. Writ Petition No. 3932 (S/S) of 2004 for claiming salary in the pay-scale of Rs. 1200-1800 w.e.f. 1st January, 1986 and thereafter in the pay-scale of Rs. 4000-6000 w.e.f. 1st January, 1996. Writ Petition is stated to have been allowed by the High Court and a direction has been issued for payment of scale as indicated above vide judgment and order dated 13th September, 2005. This order of the Hon'ble Single Judge was subjected to challenge by the State Government by means of Special Appeal No. 5 of 2006. The appeal has been allowed and the order of the Hon'ble Single Judge has been set aside. Petitioners have therefore, filed Special Leave to Appeal being Civil No. S/S (60/60) (60-65/2009) and 9366-9369 of 2009 before the Apex Court, wherein an order has been passed staying the operation of the order of the Division Bench of this Court (reference paragraph-6 of the present writ petition). It is not disputed that the petitioners have been paid pay-scale in terms of the order of the Hon'ble Single Judge subsequent to the grant of interim order by the Apex Court. However, certain arrears in that regard are withheld. It is in respect of these arrears that the petitioners have approached this Court by means of the present writ petition for a mandamus asking the respondent-authorities to pay arrears of salary in higher grade along with interest at the rate of 12%.
(2.) I am of the considered opinion that the issue with regard to the fixation of salary of the petitioners is still to be finally adjudicated by the Apex Court and therefore, at this stage of the proceedings before the High Court, there cannot be any mandamus in asking the authoriteis to pay arrears of salary also, inasmuch as the petitioners must await the outcome of the orders to be passed by the Apex Court in the pending Special Leave to Appeals. However, if the petitioners so desire, they are also at liberty to approach the Apex Court for seeking a direction in the matter of payment of arrears also.The present writ petition is dismissed subject to the observations made above.;