- (1.) Heard learned counsel for the petitioner and learned standing counsel. Learned counsel for the petitioner states that this Court vide order dated 23.7.1998 has decided the controversy in detail. The State was aggrieved with the order passed by this Court dated 23.7.1998 and filed the Special Appeal No. 131/1999 and the Hon'ble Division Bench vide order dated 18.9.1999 had disposed of with the following observation : "In view of the above fact that Hon'ble single Judge mentioned in his order that no counter-affidavit was filed, when it was already filed, may be due to mistake of the Registry it was not transmitted to Hon'ble single Judge, or he could not notice the counter-affidavit, if it was transmitted, it would be appropriate that the case should be heard and decided afresh in accordance with law. In view of the aforesaid reason, and without delving into the merits of the case we are of the view that the case should be heard and decided afresh. Hence, this special appeal is allowed to the extent that the order passed by Hon'ble single Judge be set aside, which is accordingly set aside, and the case be remitted to Hon'ble single Judge to be decided afresh on merits after taking into account the averments made in the counter-affidavit as well as rejoinder affidavit, which may be filled by the respondents, before hearing."
(2.) The learned counsel for the petitioner states that in compliance of the order passed in the special appeal, the State has filed the detailed counter-affidavit and denied the rights of the petitioner and the pay scale.
(3.) 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 as Rs. 1,400-2,300 or scale higher to that as admissible to the plant mechanics/operators and his case is to be considered in the light of the benefit, which had been conferred to one Kapendra Singh and further for a direction for fixing the pay of the petitioner considering entire 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.;