- (1.)HEARD Sri B.D. Upadhyaya, learned counsel for the petitioner, Smt. Beena Pandey, learned Standing Counsel for the State of U.P. for respondent no. 1, Sri Paresh Tripathi, learned Standing Counsel for the State of Uttarakhand for respondent no. 2 and Sri Rakesh Thapliyal, learned counsel for respondent no. 3.
(2.)BY means of this petition, the petitioner has prayed for the following reliefs :
i. to issue a writ, order or direction in the nature of mandamus directing the respondents to pay the Pension, Gratuity and General Provident Fund to the petitioner as it is being paid to a Government Servant with interest at the rate of 18% per annum.

ii. to issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

iii. to award cost of the present writ petition to the petitioner.

(3.)THE respondents were granted time to file counter affidavit, however, till date none of the respondents has filed counter affidavit.
The stand of the petitioner is that he was appointed on the post of Khalasi vide order dated 01 -05 -1955 by the District Magistrate, Pauri Garhwal. Vide order dated 31 -121964 the services of the petitioner were made permanent and pensionable. Order dated 31 -121964 reads as under :

"Sri Pancham Singh Khalasi water works Kotdwara is invalidated out of service w.e.f. 11 -1965 on the report of the Civil Surgeon Pauri dated 31 -10 -1964. Sri Surendra Singh Khalasi Ragaddi water supply scheme being the senior most Khalasi there is hereby transferred to water works Kotdwara in place of Sri Pancham Singh Khalasi and his services are made permanent and pensionable w.e. f. 1 -1 -1964. Sri Fateh Singh an outsider candidate sent by the Employment Exchange Lansdowne is temporarily appointed as a Kha/asi in place of Sri Surendra Singh w.e.f. 1 -1 -65. Sd. B. K. Goswami Deputy Commissioner and Officer IIC, C.B.GE, Kotdwara, Garhwal. 31 -12 -64"

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