DEVENDRA JOSHI S/O SRI B.D. JOSHI Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-4-118
HIGH COURT OF UTTARAKHAND
Decided on April 19,2012

Devendra Joshi S/O Sri B.D. Joshi Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Tarun Agarwala, J. - (1.) THE petitioner took a voluntary retirement while serving as a Junior Engineer in the Nagar Palika Parishad, Nainital on 1st November, 2007 which was accepted in accordance with Rule 38 (2) of the Palika Centralised Service Regulation, 1966 by an order dated 31st December, 2007. Accordingly, the petitioner handed over the charge and was relieved. The petitioner applied for pensionary dues, etc. which remained pending and was not released and, consequently, the present writ petition was filed praying for a writ of mandamus commanding the respondents to pay the pensionary benefits, such as, leave encashment, gratuity, pension and group insurance alongwith interest at the rate of 18% per annum. Counter affidavit, supplementary counter affidavit and other affidavits have been filed by the Nagar Palika Parishad, Director, Urban Development Directorate as well as by the Secretary, Urban Development Deptt, Dehradun.
(2.) THE Nagar Palika Parishad in their various affidavits contended that the petitioner did not submit the necessary papers, namely, the charge of the Junior Engineer to the Deptt. at the time when his voluntary retirement was accepted and also did not submit the pension papers to the pension clerk and did not file the no objection certificate from the sections, such as, Health Section, Municipal Engineer Section, Misc. Section, etc. These allegations were denied by the petitioner who contended that the relieving certificate was issued on 31st December, 2007 and the question of handing over the charge certificate did not arise. From the affidavit of the Nagar Palika Parishad, it transpires that there exists on record an application of the petitioner dated 21st October, 2008, in response to which, the Nagar Palika Parishad, by a letter dated 22nd September, 2009, directed the petitioner to fill in the requisite form for sanctioning the pension and other post retirement dues. The record suggests that the papers were processed by the Nagar Palika Parishad and forwarded to the Directorate Local Bodies on 6th October, 2009.
(3.) THE counter affidavit of the Directorate Local Bodies respondent No. 2 indicates that the papers were received in the Deptt. for the first time in 15th October, 2009 and the matter was processed and pension and gratuity was sanctioned on 9th December, 2009 and the group insurance was released on 17th November, 2009. The Directorate Local Bodies further contended that leave encashment was required to be paid by the Municipal Board.;


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