2026:UHC:4173 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 2026/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Amar Murti Shukla, Advocate, for the petitioner. Mr. Dinesh Bankoti, Brief Holder, for the State. (2) According to petitioner, her late husband (Govind Singh) served as Beldar in work-charged establishment of Public Works Department since 1.4.1988 till 5.4.2005 and thereafter he applied for voluntary retirement, which was accepted w.e.f. 6.4.2005. Petitioner’s husband passed away on 15.10.2008. Petitioner has filed this writ petition seeking a direction to the authorities to release family pension to her within stipulated time. (3) Learned State Counsel, however, submits that status of petitioner’s husband remained that of a work-charged employee and he was never regularised on the post of Beldar. He submits that master-servant relationship between petitioner’s husband and department came to an end w.e.f. 6.4.2005, on the asking of petitioner’s husband, therefore petitioner does not have any legally enforceable right to get family pension. (4) Learned Counsel for the petitioner, however, refers to a document enclosed as Annexure-3 to the writ petition and submits that Executive Engineer, Provincial Division, PWD had forwarded petitioner’s pension papers for decision to the competent authority. (5) Learned State Counsel, however, refers to para 5 of the counter affidavit, filed 2026:UHC:4173 by Rajpal Singh, Assistant Engineer, Provincial Division, Lansdowne, where a reference is made to Gazette Notification No. 176, issued on 8.5.2023 by the State Government. From perusal of the counter affidavit, however, it is not clear as to whether it is a statutory notification or it is a government order, issued in exercise of executive powers. Copy of that document is also not enclosed with the counter affidavit. (6) This Court does not approve of the manner in which counter affidavits are being filed on behalf of State Authorities. Huge amount from public exchequer is spent in travel and other expenses of the officers, who are assigned duty of filing counter affidavits, however there is little or no assistance to the Court even after filing of counter affidavit. It is incumbent upon the State authorities to bring complete facts in their counter affidavits. (7) Since there is no clarity regarding the defence taken by the respondents, therefore, this Court thinks that ends of justice would be met if petitioner is permitted to make representation before Secretary, PWD. Writ petition is, accordingly, disposed of by permitting the petitioner to make representation to Secretary, PWD within two weeks from today. If she makes such representation within the stipulated time, concerned Secretary shall taken decision thereupon, as per law, within eight weeks thereafter. (Manoj Kumar Tiwari, J.) 26.5.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3ae ab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052 DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.05.27 17:21:03 +05'30' 2026:UHC:4173