SOHAN LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Shobhit Saharia, learned Counsel for the petitioner and Mr. Vikas Pandey, learned Standing Counsel for the State, and, with their consent, this writ petition is disposed of at the stage of admission.

(2.) The relief sought for in this writ petition is for a writ of certiorari to quash the order dated 22.7.2019 passed by the second respondent, and the consequential orders dated 27.7.2019 and 23.9.2019 passed by the third respondent; and for a writ of mandamus to direct the respondents to immediately release the GPF, Gratuity and other retiral benefits of the petitioner, and to pay him pension on the basis of his last drawn salary in the month of December, 2018.

(3.) It is the petitioner's case that he was directly recruited and appointed as a Registration Clerk on 9.4.1984; after completion of 10 years of service w.e.f. 09.04.1994, he was granted the benefit of one increment; after completion of 14 years of service, he was granted his first promotion in the pay scale of Rs.4000-6000 w.e.f. 09.04.1998; after completion of 19 years of service w.e.f. 09.04.2003, he was granted his first increment in the promotional pay scale by order dated 26.5.2006; thereafter, by proceedings dated 10.9.2008, the petitioner was granted the next promotional pay scale on completion of 24 years of satisfactory service w.e.f. 09.04.2008 in the pay scale of Rs.6500-200-10500; by order dated 14.6.2012, he was granted the Grade Pay of Rs.4800 on completion of 26 years of satisfactory service; as a result of a change in the Policy, by G.O. dated 02.12.2014, the petitioner was extended the benefit of the third A.C.P., in the next promotional Grade Pay of Rs.5400/- by proceedings dated 24.7.2016; and though the petitioner attained the age of superannuation on 31.12.2018, his retiral benefits were, however, not paid to him despite repeated reminders by him seeking release of his retiral benefits.