SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPSB No. 492 of 2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. Rahul Adhikari, Advocate, holding brief of Mr. Ganesh Kandpal, Advocate for the petitioner. 2. Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand. 3. Petitioner was initially appointed as Assistant Teacher, L.T. Grade (Science/ Mathematics), vide order dated 06.08.1981, and he retired as Incharge Principal from Government Inter College, Banlekh, District Bageshwar, on 31.08.2016. 4. According to the petitioner, he has not been paid pension or other retiral benefits, including Gratuity, GPF etc. By means of this writ petition, petitioner has sought the following relief:- “I. a writ, order or direction in the nature of mandamus directing the respondents to grant the pension as well as also release all the retiremental benefits like gratuity, Group Insurance provident fund leave incashment etc. to the petitioner with 18% interest.” 5. A short counter affidavit was filed by Mr. Harish Chandra Singh Rawat, Chief Education Officer, Bageshwar, on 05.12.2017. Para nos. 3 & 4 of the said counter affidavit are extracted below: “3. That the petitioner retired on 31st August 2016 and the delay in payment of post retiral dues of the petitioner is on account of deficiency in the pension papers submitted by the petitioner. However, on rectification of the deficiency, 90% of the amount of GPF has been paid by the parent department as well as the amount of GIS. It is also relevant to state here that the pension/gratuity/commutation of pension has been sanctioned, but the same could not disbursed to the petitioner because the petitioner has failed to remain present in the Treasury for signing the necessary documents. It is further submitted that as and when the petitioner would complete the requisite formalities as per Rules, the amount of pension, gratuity, commutation of pension and arrears of pension will be disbursed by the concerned Treasury. Copy of the Pension payment Order dated 4th October 2017 and the payment order dated 12-10-2017 of 90% GPF amount are collectively being annexed as Annexure SCA-1 to this affidavit. 4. That on 1st November 2017, the Principal, Govt. Inter College Banlekh, District Bageshwar addressed a communication to the petitioner informing that the pension of the petitioner has been sanctioned vide letter no. 740 dated 4th October 2017 of the Senior Treasury Officer, Bageshwar and the same may be received from the Treasury by completing necessary formalities. In the said communication it was further informed to the petitioner that for release of amount of Earn Leave Encashment, the petitioner has to deposit the requisite form after being duly signed by him appended with the said communication to the office at an earliest. Copy of the communication dated 1st November 2017 is being annexed as Annexure SCA-2 to this affidavit. ” 6. Thus, the stand taken by the Chief Education Officer is that petitioner has not come forward to complete necessary formalities, although, the pension of the petitioner was sanctioned, vide order dated 04.10.2017. 7. The writ petition is, accordingly, disposed of by permitting the petitioner to approach the Chief Treasury Officer, Bageshwar with all necessary documents, on any working day, within two weeks from today. The Chief Treasury Officer concerned shall ensure that all formalities are completed and signatures of petitioner are taken on appropriate documents the same day, and retiral dues, including pension shall be disbursed to the petitioner, within one week of petitioner appearing before the Chief Treasury Officer. In case of any default, the Chief Treasury Officer shall be personally liable to pay simple interest to the petitioner at the rate of 9% per annum for entire period of delayed payment. (Ashish Naithani, .J.) (Manoj Kumar Tiwari, .J.) 24.03.2025 Navin