High Court · 2025

Mr. Rahul Adhik ari, Advocat e, holding brief of Mr. Ganesh Kandpal, Advocat e t he pet it ioner.

2. Mr. Puran Singh Bisht , Addit ional Chief St anding Counsel for t he St at e of Ut t arakhand.

3. Pet it ioner w as init ially appoint ed Assist ant Teacher, L.T. Grade ( Science/ Mat hem at ics) , vide order dat ed 06.08.1981, and he ret ired as I ncharge Principal from Governm ent I nt er College, Banlekh, Dist rict Bageshwar, on

31.08.2016.

4. According t o t he pet it ioner, he has not been paid pension or ot her ret iral benefit s, including Grat uit y, GPF et c. By m eans of t his writ pet it ion, pet it ioner has sought t he following relief: - “ I . a w rit , order or direct ion in t he nat ure of m andam us direct ing t he respondent s t o grant t he pension as w ell as also grat uit y, Group incashm ent et c. t o t he pet it ioner wit h 18% int erest .” ret irem ent al benefit s I nsurance provident release all t he

5. A short count er affidavit w as filed by Mr. Harish Chandra Singh Rawat , Chief Educat ion Officer, Bageshwar, on 05.12.2017. Para nos. 3 & 4 of t he said count er affidavit are ext ract ed below: “ 3. That t he pet it ioner r et ired on 31 st August 2016 and t he delay in paym ent of post r et iral dues of t he pet it ioner is on account of deficiency in t he pension paper s subm it t ed by t he pet it ioner. How ev er, on rect ificat ion of t he deficiency, 90% of t he am ount of GPF has been paid by t he parent depart m ent as well as t he am ount of GI S. I t is also relevant t o st at e her e t hat t he pension/ grat uit y/ com m ut at ion of pension has been sanct ioned, but t he sam e could not disbursed t o t he pet it ioner because t he pet it ioner has failed t o rem ain present in t he Treasury for signing t he necessary docum ent s. I t is furt her subm it t ed t hat as and when t he pet it ioner w ould com plet e t he requisit e for m alit ies as per Rules, t he am ount of pension, grat uit y, com m ut at ion of pension and ar rears of pension will be disbursed by t he concerned Treasur y. Copy of t he Pension paym ent Order dat ed 4 t h Oct ober 2017 and t he paym ent order dat ed 12- 10- 2017 of 90% GPF am ount are collect ively being annexed as Annexure SCA- 1 t o t his affidavit .

4. That on 1 st Novem ber 2017, t he Principal, Govt . I nt er College Banlekh, Dist rict Bageshwar addressed a com m unicat ion t o t he pet it ioner inform ing t hat t he pension of t he pet it ioner has been sanct ioned vide let t er no. 740 dat ed 4 t h Oct ober 2017 of t he Senior Tr easur y Officer, Bageshwar and t he sam e m ay be received fr om t he Tr easury by com plet ing necessary for m alit ies. I n t he said com m unicat ion it was furt her inform ed t o t he pet it ioner t hat for release of am ount of Earn Leave Encashm ent , t he pet it ioner has t o deposit t he requisit e form aft er being duly signed by him appended wit h t he said com m unicat ion t o t he office at t he com m unicat ion dat ed 1 st an earliest . Copy of Nov em ber 2017 is being annexed as Annexur e SCA- 2 t o t his affidavit . ”

6. Thus, t he st and t aken by t he Chief Educat ion Officer is t hat pet it ioner has not com e forward t o com plet e necessary form alit ies, alt hough, t he pension of t he pet it ioner w as sanct ioned, vide order dat ed 04.10.2017.

7. The writ pet it ion is, accordingly, disposed of by perm it t ing t he pet it ioner t o approach t he Chief Treasury Officer, Bageshw ar wit h all necessary docum ent s, on any working day, wit hin t w o weeks from t oday. The Chief Treasury Officer concerned shall ensure t hat all form alit ies are com plet ed and signat ures of pet it ioner are t aken on appropriat e docum ent s t he sam e day, and ret iral dues, including pension shall be disbursed t o t he pet it ioner, wit hin one week of pet it ioner appearing before t he Chief Treasury Officer. I n case of any default , t he Chief Treasury Officer shall be personally liable t o pay sim ple int erest t o t he pet it ioner at t he rat e of 9% per annum for ent ire period of delayed paym ent . ( A sh i sh N a i t h a n i , .J.) ( M a n o j Ku m a r Ti w a r i , .J.) Navin

24.03.2025