Shabihul Hasnain, J. - (1.) HEARD Sri Raj Kumar Khanna, learned Counsel for the petitioner and Sri Prem Chandra, learned Counsel for the opposite party No. 2.
(2.) THE case of the petitioner is that he was working as Store Keeper in the Health Department of Nagar Nigam, Moradabad from where he retired on 28.2.2005 after attaining the age of superannuation. Since that date he has not even been paid the provisional pension and he has been suffering economically and socially as well. THE petitioner has made several representations which did not bring any fruitful result and finally this writ petition has been filed before this Court. It is the case of the petitioner that on his retirement on 28.2.2005, he handed over the charge to one Sri Dashrath Lal Ojha. The charge certificate was countersigned by the Varishtha Nagar Swasthya Adhikari, Nagar Nigam, Moradabad. This document has been annexed as Annexure 1 to the writ petition. A no dues certificate duly signed by the Varishtha Nagar Swasthya Adhikari, Nagar Nigam, Moradabad has been annexed as Annexure 2 to the writ petition. A perusal of the said document shows that various other officers/in charges of different sections like library department, go-down and store keeper (Health) have also counter signed the same, giving a complete no dues certificate in favour of the petitioner. The petitioner further submits that he approached the Nagar Ayukta many times for payment of his pension but nothing was done. He has annexed two such representations which have been annexed as Annexure s 3 and 4 to the writ petition. Sri Prem Chandra, learned Counsel for the opposite party No. 2, the Nagar Nigam informed that the counter affidavit has already been filed to the writ petition and a rejoinder to the same has also been filed. The counter and rejoinder affidavits are on record.
(3.) LEARNED Counsel for the opposite party Sri Prem Chandra has fairly admitted that no pension has been paid to the petitioner but he hastened to add that there are reasons for the same which have been enumerated in the counter affidavit. In para 6 of the counter affidavit the opposite parties have clearly admitted that a proper handing over of the charge was done through a charge certificate duly counter signed by the Varishtha Nagar Swasthya Adhikari, Moradabad on 28.2.2005.;