Bachhi Singh Nagarkoti vs District Inspector Of Schools And … on 1 November, 2003

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Uttaranchal High Court
Bachhi Singh Nagarkoti vs District Inspector Of Schools And … on 1 November, 2003
Equivalent citations: (2004) 1 UPLBEC 13
Author: R Tandon
Bench: R Tandon


JUDGMENT

Rajesh Tandon, J.

1. By the present writ petition, the petitioner has prayed for issue of a writ, order or direction in the nature of mandamus directing the respondent to pay the petitioner retirement benefits as well as regular pension.

2. Brief facts giving rise to the present writ petition arc that the petitioner was appointed as a Class IV employee on the post of Chowkidar in the School of respondent Nos. 3 and 4 on 16th September, 1975. He was given regular appointment on 11th October, 1979 by completing all the formalities.

3. The petitioner has already retired from the post of Chowkidar on 31st May, 1990, after attaining the age of superannuation.

4. The grievance of the petitioner is that after retirement he approached the authorities, but his retirement benefits have not been paid to him. He is also not getting pension. Hence, he has filed the present writ petition.

5. Pension and gratuity arc not bounty as held by the Apex Court in (1985) 1 SCC 429. The observations are quoted below :

“Pension and gratuity arc no longer any bounty to be distributed by the Government to their employees on their retirement but have become, under the decisions of this Court, valuable rights and property in their hands and any culpable delay in settlement and disbursement thereof must be visited with penalty of interest at the current market rate till actual payment.”

6. The petitioner has stated that the respondents are ready to pay the entire pension and other retrial benefits. In view of the facts and circumstances, the respondents are directed to pay the pensionary and other retiral benefits to the petitioner. Since, the respondents are paying the benefits the petitioner, therefore, wants to withdraw the writ petition.

7. The writ petition is dismissed. No order as to costs.

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