IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) NO. 1052 of 2008 Mathura Prasad ……Petitioner. Versus Nagar Palika, Almora and others. ……Respondents. Present: Mr. Amish Tiwari, Advocate for the petitioner. Mr. Harsh Vardhan Sah, Advocate for respondent nos. 1 and 2. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand/respondent nos. 3. Hon’ble Sudhanshu Dhulia, J.(Oral) Heard Mr. Amish Tiwari, Advocate for the petitioner, Mr. Harsh Vardhan Sah, Advocate for respondent nos. 1 and 2, and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand/respondent no. 3. The petitioner was a Class-IV employee of Nagar Palika Parishad, Almora. It is an admitted fact that the services of the petitioners were such in which pensionary benefits were liable to be given to the petitioner apart from other post retirement benefits. The petitioner reached the age of superannuation on 5.5.2005. It is alleged by the petitioner that since then he has not received the pension. It is a settled view of law, reiterated by the Hon’ble Apex Court and this High Court on several occasions, that pension is not a bounty. It is a right of an employee to get the same after the retirement. Respondent Nagar Palika Parishad, Almora on the other hand have shifted the blame on the Commissioner, Kumaon Division, as according to them, sanction from the Commissioner, Kumaon Division has not been received. These are mere excuses. It was the duty of the employer to get sanction 2 in proper time. This has not been done. The writ petition is therefore liable to be allowed and is presently allowed with the direction to the Executive Officer, Nagar Palika Parishad, Almora to release the pension and all other retirement benefits to the petitioner within a period of 45 days from the date a certified copy of this order is produced before him. It is hoped that in case any papers is pending before him, the same shall be cleared in proper time and within 45 days so that there is no delay in the matter. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand undertakes to apprise of this order to the Commissioner, Kumaon Division. Registry is directed to give a copy of this order to Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand free of cost for information to the Commissioner, Kumaon Division. (Sudhanshu Dhulia, J.) 10.5.2011 Rathour