2025:UHC:7149-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/165/2015 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. [Per: Hon’ble Justice Shri Manoj Kumar Tiwari, J.] 1. Mr. Siddhartha Sah, Advocate assisted by Ms. Mansi, Advocate for the petitioner. 2. Mr. Sandeep Kothari, Advocate for respondent no.1-KMVN. 3. Mr. Sudhir Nainwal, Brief Holder for the State of Uttarakhand/respondent nos.2, 3 and 5. 4. Mr. Rajesh Sharma, Advocate for respondent no.4. 5. By means of this writ petition, petitioner has sought the following relief:- “(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to release the pension to the petitioner.” 6. Petitioner was appointed as Junior Engineer in State Public Works Department (hereinafter referred to as ‘PWD’) in the month of January, 1972. After serving for about 10 years as Junior Engineer in PWD, petitioner was sent on deputation to Kumaon Mandal Vikas Nigam Ltd. (hereinafter referred to as ‘KMVN’), a government company. Petitioner served in KMVN till his superannuation on 31.03.2010. Since 2025:UHC:7149-DB petitioner has not been released pension, therefore he has approached this Court. 7. Learned counsel for the petitioner submits that petitioner was initially sent on deputation to KMVN for a period of 5 years, however, Managing Director, KMVN requested the Engineer-in-Chief, PWD to permit the petitioner to serve in KMVN till his services are absorbed in KMVN. He has drawn attention of this Court to a letter dated 01.12.1987 issued by Managing Director, KMVN to Engineer-in-Chief, PWD, whereby a request was made to absorb the services of petitioner in KMVN. 8. Learned counsel for the petitioner further submits that petitioner tendered resignation from PWD, which was accepted vide order dated 31.12.1987 with the condition that petitioner shall hold lien in PWD till his services are absorbed in KMVN. It is the contention of learned counsel for the petitioner that since petitioner served initially in PWD and thereafter he served in a government company, between 1982 till his retirement in 2010, therefore pension cannot be denied to him. 9. He further submits that, even otherwise also, petitioner rendered more than 10 years of service in PWD, thus, he rendered minimum qualifying service for pension. 10. Per contra, Mr. Sandeep Kothari, learned counsel appearing for KMVN submits that as per the service conditions applicable in KMVN, 2025:UHC:7149-DB pension is not payable to its employees. He further submits that petitioner was absorbed in the service of KMVN only in 2006 and he served thereafter for about 4 years, therefore he cannot claim any relief against KMVN. 11. Learned counsel for the petitioner relies upon a G.O. dated 10.07.1998 for contending that petitioner is entitled to pension as his services were absorbed in a government company and earlier he was serving in a State department, where his services were pensionable. 12. Since petitioner has sought a writ of mandamus, without making a demand before the Competent Authority and there is no decision taken as yet by the Competent Authority regarding entitlement of petitioner for pension, therefore we think ends of justice would be met if the Competent Authority is directed to take a decision in the matter. 13. Accordingly, we dispose of the writ petition by permitting the petitioner to make representation regarding pension before respondent no.2. If he makes such representation within three weeks, respondent no.2 shall take decision thereupon, as per law, within six months thereafter. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 13.08.2025 13.08.2025 Rajni RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db 48448ac3701a9ae475a2547e4b7f1d 9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A222 2B4DF4FC80D4557562F95BEBA013F 530616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.08.14 17:44:26 +05'30'