WPSS/913/2021
2021 Latest Caselaw 2656 UK

                   Office Notes,
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SL. No   Date                                      COURT'S OR JUDGES'S ORDERS
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                Registrar's order
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                                     WPSS No. 913 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Through Video Conferencing)

Mr. Raman Kumar Shah, Advocate for the petitioner.

Mr. P.S. Bisht, Standing Counsel for the State of Uttarakhand.

The brief facts, which engages consideration in the present Writ Petition, are the petitioner contends that after his initial appointment as a Class-IV employee in the Horticulture Department, as back as on 28th November, 1985, he attained the age of superannuation on 31st May, 2018, and has retired from the post of Chaukidar.

The contention of the learned counsel for the petitioner is that owing to the subsequent Government Order, as it had been issued by the State, he would be entitled for certain additional post retiral benefits in the light of the directives issued by the Government Order dated 12th March, 2001, as well as he contends that he would be entitled for the re-determination of the financial benefits, which has been determined by an adjudication, which has been made by the Coordinate Bench of this Court in a judgment rendered in the bunch of Writ Petitions, with the leading Writ Petition No. 1181 of 2016 (S/S) Purusottam Vs. State of Uttarakhand and others, as decided by the Coordinate Bench by the judgment of 27.02.2017.

But, however, in the present Writ Petition, the petitioner has confined his prayer that considering the age of the petitioner and since that he is claiming the retiral benefits, on the basis of the revised financial benefits, which he contends has accrued on account of the imposition of the subsequent Government orders, he has confined his prayer in the Writ Petition that respondent No. 2, may be directed to decide the representation dated 8th January, 2021, in the light of the judgments which has been rendered by the Coordinate Benches of this Court.

In view of the limited prayer, made by the counsel for the petitioner, this Writ Petition would stand disposed of with the direction to respondent No.2, to take a decision on the representation of the petitioner dated 8th January, 2021, for the purposes of extension and re- determination of the reitral benefits, whether it would be falling within the old pension scheme or under the new pension scheme, as enforced by the State by the subsequent Government Orders and while taking the decision, the respondent No. 2 will also consider the implications of the judgments, on which, reliance has been placed by the learned counsel for the petitioner.

It is expected that respondent No. 2 would consider and decide the representation of the petitioner within a period of two months from the date of production of certified copy of this order.

Subject to the above observations, the Writ Petition stands disposed of.

(Sharad Kumar Sharma, J.) Dated 28.07.2021 Shiv