Uttarakhand High Court
Kedar Singh Bisht And Another ... vs State Of Uttarakhand And Others on 6 August, 2021
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.2288 of 2015
Kedar Singh Bisht and another ........... Petitioners
Vs.
State of Uttarakhand and others ........ Respondents
Present : Mr. Vinodanand Barthwal, Advocate for the petitioners.
Mr. P.S. Bisht, Addl. Chief Standing Counsel for the State/respondents.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
Petitioners seek the following reliefs:-
"A. issue a writ, order or direction in the nature of
mandamus directing the respondents to pay
the revised pension to the petitioners as per
G.O. No. 2036/XII/2011/90(01)/2010 dated
23rd December, 2011 as is being paid to the
similarly situated Ministerial cadre of State
Government.
B. issue a writ, or direction in the nature of
mandamus directing the respondents to pay
the entire arrears of revised pension to the
petitioners with interest.
C. issue any suitable writ, order or direction
which this Hon'ble Court may deem fit and
proper under the facts and circumstances of
the case.
D. award the cost of the writ petition."
2. Heard learned counsel for the parties and perused the
record.
3. Petitioner no.1 was appointed in the year 1956 with the
respondents' department and retired on 18.05.1989. Similarly, the
petitioner no.2 was appointed in the year 1958, in the respondents'
department and retired on 31.03.1998. They claim that their pension is
too low and it had not been revised in accordance with the Government
Order dated 23.12.2011.
4. Respondents have filed their counter affidavits and in fact,
in paragraph 9 accepted the claim. Rejoinder affidavit has also been
filed.
5. Learned counsel for the petitioners would submit that both
the petitioners are old aged ailing persons in the hope that some day
their pensions will be revised to give them a descent living in the
evening years of their life. The State has already admitted the claim.
Hence, the petition deserves to be allowed.
6. On the other hand, learned State counsel would submit
that as per instructions, which have been received today from the
respondent no.2 through his communication dated 20.07.2021, steps are
underway to make payment of pension to the petitioners in accordance
with the applicable government order. Learned State counsel submits
that since the process to make payment is underway, very soon, it will
be finalized and the payment will be made to the petitioners.
7. The Court takes on record the statement made by learned
State counsel.
8. The respondents have admitted the claim made by the
petitioners. Therefore, the writ petition deserves to be allowed.
9. The writ petition is allowed. Respondents are directed to
revise the pension of the petitioners as per the existing government
orders and make payment of entire arrears within a period of two
months from today
(Ravindra Maithani, J.)
06.08.2021
Jitendra
