WPSS/1426/2021
2021 Latest Caselaw 4539 UK

             Office Notes, reports,
             orders or proceedings
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                                      WPSS No.1426 of 2021
                                      With
                                      WPSS No.1427 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. U.S. Bhakuni, Advocate for the petitioners.

Mr. Virendra Singh Rawat, Brief Holder for the State of Uttarakhand.

These are the two matters which entails consideration almost on identical question of facts and law, where the petitioners, who contend themselves to be an ex employee of the respondent department, have sought a writ of mandamus directing the respondents to make the pensionary benefits to them, which they contend that they are otherwise entitled to receive.

At this stage, this Court is not dealing with the factual backdrop of each of the cases on merits.

The contention of the petitioners with regards to the entitlement of the pensionary benefits is based on the fact of attainment of their respective age of superannuation, which is based upon the fact, that he contends that his claim is squarely stands covered by the judgments, which he has referred to in the writ petition, as rendered in WPSS No.722 of 2014 Laxmi Dutt Joshi and others vs. Principal Secretary Forest Department Uttarakhand; as well as its subsequent affirmation by the judgment of the Division Bench in Special Appeal No.88 of 2013 State of Uttarakhand and other vs. Dan Singh Bisht, which in turn on a challenge being given before the Hon'ble Apex Court was affirmed in a SLP Civil Diary No.(16405 of 2018.

Since in the pleadings in the writ petition there is no plea as such, that prior to filing of the writ petition, the petitioner has approached the respondents for the purposes of redressal of his grievance for the remittance of the retiral benefits, considering the fact that the petitioners have attained their respective age of superannuation and they are craving for the payment of retiral benefits in order to balance the equities, these writ petitions are being disposed of with the liberty left open to the petitioners to file an appropriate application/representation before respondent no.3- i.e. the Divisional Forest Officer, who would consider the claim of the petitioners for the grant of retiral benefits in the light of the judgments, which has been referred to in the body of this judgment and the respondent no.3, would thereafter take a decision on the same within a period of four weeks from the date of presentation of the representation.

Subject to the above observations, the writ petitions stands disposed of.

(Sharad Kumar Sharma, J.) 12.11.2021 Arti