IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Judgment Reserved Writ Petition No. 120 (S/S) 2006 Bhagwan Prasad S/o late Sri Bachi Ram Dhasmana, Resident of Hospital Road Vikash Nagar, Dehradun, District Dehradun. ……..Petitioner. Versus 1. State of Uttaranchal through Secretary Water Resources. Uttaranchal Government, Dehradun, 2. Chief General Manager, Uttaranchal Jal Sansthan, Jal Bhawan Nehru Colony Dehradun, 3. Executive Engineer, Uttaranchal Jal Sansthan, Maintenance Division Rural Jal Bhawan, Nehru Colony, Dehradun. ……..Respondents. Sri S.K. Posti, learned counsel for the petitioner, Sri Rakesh Thapaliyal, learned counsel for the respondents. Hon’ble M.M. Ghildiyal, J. Heard Sri S.K. Posti, learned counsel for the petitioner and Sri Rakesh Thapaliyal, learned counsel for the respondents. By the present writ petition, the petitioner has prayed for the following reliefs:- a. Issue a writ, order or direction in the nature of mandamus directing the respondents to comply the Government Order dated 13.10.2004 by which the Government have adopted the U.P. Centralized Service Pension Rules 1981, b. Issue a writ, order or direction in the nature of mandamus directing the respondent to comply the direction dated 21.02.2005 (Annexure-4) issued by the 2 Chief General Manager Uttaranchal Jal Sansthan Dehradun. c. Issue a writ, order or direction in the nature of mandamus directing the respondents to sanction the second promotional pay-scale to the petitioner with effect from 01.01.2002. d. Issue a writ, order or direction in the nature of mandamus directing the respondent to give arrears of pay-scale, arrears of pension to the petitioner treating his age of superannuation at the age of 60 years, e. Issue any suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case, f. Award the cost of the writ petition to the petitioner. Briefly stated that the petitioner was initially appointed against the substantive vacancy as Pipe Line Fitter-cum-Meter Reader on 01.04.1962 in the Municipal Board, Vikas Nagar, Dehradun. Consequent upon the amalgamation of the Water Works Department of Municipal Board with the Garhwal Jal Sansthan on 02.10.1975, the services of the petitioner were merged with the later Department. On 01.01,1986 the petitioner was given selection grade and after completing 6 years’ satisfactory service, he was given promotional pay scale w.e.f. 01.01.1992. It is contended that pursuant to the G.O. dated 22.10.2001, a second promotional pay-scale was recommended to the petitioner w.e.f. 01.03.2000, but the respondent did not approve the same, though the second promotional pay-scale was duly recorded in the service book which was never given to the petitioner. Meanwhile, the petitioner was retired from 3 service w.e.f. 31st August 2002 treating the age of superannuation as 58 years while he has opted the age of superannuation as 60 years. It is vehemently contended that consequent upon the denial of the second promotional pay scale, the pension of the petitioner was fixed @ 1,000/- per month on the basis of the pay scale given with effect from 01.01.1997, which was accepted by the petitioner under protest. It is further contended that on 13.10.2004 the State of Uttaranchal has adopted the pension Rules relating to the U.P. Centralized Service Pension Rules 1981 which were applicable in the Department w.e.f. 26.08.2000 as the Chief General Manager, Uttaranchal Jal Sansthan Jal Bhawan, Nehru Colony Dehradun has issued an order/office memorandum on 21.02.2005 directing all the Executive Engineers of Uttaranchal Jal Sansthan including Assistant Engineer, Vikas Nagar to follow the directions and guidelines provided in the G.O. dated 13.10.2004. As the petitioner was retired on 31.08.2002, hence the U.P. Centralized Service Pension Rules 1981 are fully applicable in the case of the petitioner. Despite giving several representations, neither the respondents approved the second promotional pay scale nor have they given the revised pension to the petitioner in the light of Govt. Order dated 13.10.2004, the petitioner constrained to file the present writ petition. Submission of the learned counsel for the petitioner is that he is entitled for second promotional pay-scale as per the Govt. Orders and the proposal to that effect was sent to the Chief General Manager, Uttaranchal Jal Sansthan. In spite of this fact, the petitioner has not been given the second promotional pay-scale. He has further submitted that vide order 4 dated 21.02.2005 issued by the Chief General Manager, Uttaranchal, Dehradun addressed to all the subordinate officers including the Assistant Engineer, Vikas Nagar, Dehradun under whom the petitioner was working to make payment of pension of the employees of Jal Sansthan who have retired on or after 26.08.2000, as per Rules known as UTTARANCHAL (UTTAR PRADESH PALIKA) (KENDRIYAT) SEVA, SEVA NIBRIT LABH NIYAMAWALI, 1981. Though the petitioner has retired from service w.e.f. 31st August 2002, he has been deprived of the pension as per Rule and order aforesaid. I find force in the submission of the learned counsel for the petitioner. In view of the circumstances of the case, the writ petition deserves to be allowed. Accordingly, the writ petition is allowed. The respondent nos. 1 and 2 are directed to take decision on the question of granting second promotional pay-scale to the petitioner as well as granting him pension in accordance with Rules mentioned aforesaid within a period of two months from the date of production of certified copy of this order. No order as to costs. (M.M. Ghildiyal, J.) March 8, 2007: NCM: