Madan Mohan v. State of Uttarakhand

2024:UHC:9775 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sign at u r es COURT'S OR JUDGE'S ORDERS

W PSS No.1 5 7 of 2 0 2 4 Hon 'ble Rak esh Th apliyal, J.

¶1Mr. Lalit Samant, learned counsel for the petitioner.

¶2Mr. Rajeev Singh Bisht, learned Addl. C.S.C. assisted by Mr. Sachin Mohan Singh Mehta, learned Brief Holder for the State.

¶3By the instant petition, petitioner is praying for the following reliefs: - "i. Issue a writ, order or direction in the nature of certiorari, quashing the impugned official order dated

08.01.2024 passed by respondent no.3 as well as impugned endorsement made by respondent no.4 (Annexure No.7 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus, commanding/ directing the respondents to pay monthly Pension to the petitioner from the date it became due within stipulated time framed by this Hon'ble Court. iii. Issue a writ, order or direction in the nature of mandamus, commanding/ directing the respondents to pay Gratuity Amount alongwith statutory interest and Leave Encashment Amount to the petitioner within stipulated time framed by this Hon'ble Court."

¶4Learned counsel for the petitioner submits that the issue, as raised in this petition, are squarely covered by the judgment rendered by the Division Bench of this Court in Special Appeal No.290 of

2024:UHC:9775 2019 State of Uttarakhand & others vs. Mohan Chandra and others decided on

24.04.2024.

¶5On the previous date, the State Counsel was directed to apprise this Court what action has been taken but there was no response and today, respondent no.3-District Education Officer (Elementary), Almora and respondent no.5-Principal, Government Inter College, Gumati, District Almora join the proceedings through V.C. and also supplied written statement to the State Counsel and submits that the issue is covered by the judgment passed by the Division Bench of this Court dated

24.04.2024 rendered in Special Appeal No.290 of 2019.

¶6Apart from this, it is also informed to this Court that District Education Officer (Elementary), Almora, who is present through V.C., undertakes that all the post retiral benefits shall be paid to the petitioner within three weeks from today.

¶7In view of the statement, as advanced by learned counsel for the parties as well as the statement, as given by the District Education Officer (Elementary), Almora, present writ petition is disposed of finally in terms of the judgment passed by the Division Bench of this Court dated 24.04.2024 rendered in Special Appeal No.290 of 2019 State of Uttarakhand & others vs. Mohan Chandra and others.

¶8The respondents are directed to release all post retiral benefits within three weeks from today.

( Rak esh Th apliy al, J.)

2 0 .1 2 .2 0 2 4 Arti

ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69ctid, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2024.12.30 14:58:33 +05'30'