V.C.Misra, J. - (1.) Sri Raghuveer Singh Jain-petitioner in person and Sri Nishant Mehrotra, Advocate, holding brief of Sri A.K. Mehrotra, learned Counsel for the respondents are present. Counter and rejoinder affidavits have been exchanged between the parties. On the joint request of learned Counsel for the parties, this writ petition is being disposed off at the admission stage.
(2.) This writ petition has been filed by the petitioner being aggrieved by impugned order dated 4.10.1999 (Annexure No. I to the writ petition), passed by respondent No. 4 rejecting the representation of the petitioner moved on the direction dated 16.7.199 issued by this Court in writ petition No. 10446 of 1996, claiming retiral benefits taking into account the services rendered with the ex-licensee and not to recover the difference of salary after exparte revision of salary and pension by the respondents.
(3.) The facts of the case in brief are that the petitioner was appointed as a clerk on 21.8.1958 in the Electric Supply Company Ltd., Saharanpur (hereinafter referred to as the Company) and his services were confirmed on 1.2.1959 after the petitioner had put in 14 years of service in the Company, the U.P. State Eectricity Board (herematter referred to the Board) took over the charge of the Company and he was appointed as noter and drafter under the employment of the Board on the same pay scale, which he was getting in the Company at the time of taking over the charge of the Company through Board's order No. 296. As per paragraph 5 of the covering letter 28.12.1975 (Annexure No. 4 to the writ petition), the Board granted usual draw of increments to the petitioner w.e.f. 1st April of every year and since then the petitioner has been paid due increments in his revised pay scale from time to time. Paragraph 5 of the aforesaid letter, reads as under: The date of increment in case of the employees in their present pay scales from earlier than 1.4.1969 will be kept as Ist of April year and for other employees the date of increment shall be as applicable to them under the ex-liccensees.;