High Court · 2025

3 . Mr. Sudhir Nainwal, Brief Holder for t he St at e of Ut t arakhand/ r espondent nos.2, 3 and 5. 4 . Mr. Raj esh Sharm a, Advocat e respondent no.4. 5 . By m eans of t his writ pet it ion, pet it ioner has sought t he following relief: - “ ( i) I ssue a writ , order or direct ion in t he nat ure of m andam us com m anding t he respondent s t o release t he pension t o t he pet it ioner.” 6 . Pet it ioner was appoint ed as Junior Engineer in St at e Public Works Depart m ent ( her einaft er referred t o as ‘PWD’) in t he m ont h of January,

1972. Aft er serving for about 10 years as Junior Engineer in PWD, pet it ioner was sent on deput at ion t o Kum aon Mandal Vik as Nigam Lt d. ( hereinaft er referr ed t o ‘KMVN’) , a gover nm ent com pany. Pet it ioner ser ved in KMVN t ill his superannuat ion on 31.03.2010. Since pet it ioner has not been released pension, t her efore he has approached t his Court . 7 . Lear ned counsel for t he pet it ioner subm it s t hat pet it ioner was init ially sent on deput at ion t o KMVN for a period of 5 years, however, Managing Direct or, KMVN r equest ed t he Engineer- in- Chief, PWD t o perm it t he pet it ioner t o serve in KMVN t ill his services ar e absorbed in KMVN. He has drawn at t ent ion of t his Court t o a let t er dat ed

01.12.1987 issued by Managing Direct or, KMVN t o Engineer- in- Chief, PWD, whereby a request was m ade t o absorb t he services of pet it ioner in KMVN. 8 . Lear ned counsel for t he pet it ioner furt her subm it s t hat pet it ioner t endered resignat ion from PWD, which was accept ed vide order dat ed

31.12.1987 wit h t he condit ion t hat pet it ioner shall hold in PWD t ill his services ar e absor bed in KMVN. I t is t he cont ent ion of learned counsel for t he pet it ioner t hat since pet it ioner served init ially in PWD and t her eaft er he served in a governm ent com pany, bet w een 1982 t ill his ret irem ent in 2010, t herefor e pension cannot be denied t o him . 9 . He furt her subm it s t hat , even ot her wise also, pet it ioner r endered m or e t han 10 year s of service in PWD, t hus, he r endered m inim um qualifying service for pension. 1 0 . Per cont ra, Mr. Sandeep Kot hari, lear ned counsel appearing for KMVN subm it s t hat as per t he service condit ions applicable in KMVN, pension is not payable t o it s em ployees. He furt her subm it s t hat pet it ioner was absorbed in t he service of KMVN only in 2006 and he served t her eaft er for about 4 year s, t her efore he cannot claim any r elief against KMVN. 1 1 . Lear ned counsel for t he pet it ioner relies upon a G.O. dat ed 10.07.1998 for cont ending t hat pet it ioner is ent it led t o pension as his services w ere absor bed in a gover nm ent com pany and earlier he was serving in a St at e depart m ent , w her e ser vices w er e pensionable. 1 2 . Since pet it ioner has sought a writ of m andam us, wit hout m aking a dem and before t he Com pet ent Aut horit y and t here is no decision t aken as yet by t he Com pet ent Aut horit y regarding ent it lem ent of pet it ioner for pension, t her efore we t hink ends of j ust ice would be m et if t he Com pet ent Aut horit y is dir ect ed t o t ake a decision in t he m at t er. 1 3 . Accordingly, w e dispose of t he writ pet it ion perm it t ing t he pet it ioner t o m ake represent at ion regarding pension befor e respondent no.2. I f he m akes represent at ion wit hin t hree w eeks, respondent no.2 shall t ake decision t hereupon, as per law, wit hin six m ont hs t her eaft er. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.) 13.08.2025 13.08.2025 RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db 48448ac3701a9ae475a2547e4b7f1d 9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A222 2B4DF4FC80D4557562F95BEBA013F 530616A158A0A878BD8, cn=RAJINI GUSAIN Raj ni