IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition no. 627(SS)2006. Surender Singh Negi S/o Sri Puran Singh Negi, Resident of village Kartia, P.O. Naudano Via Rikhnikhal, Pauri Garhwal. ……….Petitioner. Versus 1. State of U.P., through its Secretary, Ministry of Local Bodies, Civil Secretariat, Dehradun, 2. Uttaranchal Jal Sansthan through Its General Manager, Jal Bhawan, B-Block, Nehru Colony, Dehradun, 3. Superintendent Engineer, Uttaranchal Jal Sansthan, Jal Bhawan, B- Block, Nehru Colony, Dehradun, 4. Water Works Engineer, Uttaranchal Jal Sansthan, Haridwar, 5. Nagar Palika Parishad, Haridwar, Through its Executive Officer. ……….Respondents. Sri Kamlesh Tewari, learned counsel for the petitioner. Sri Subhash Upadhyay, learned Standing Counsel for the State. Sri Rakesh Thapaliyal, learned counsel for respondent nos. 2 to 4, Sri Pankaj Miglani, learned counsel for the Municipal Board, Haridwar. Hon’ble M.M. Ghildiyal, J. Heard Sri Kamlesh Tewari, learned counsel for the petitioner, Sri Subhash Upadhyay, learned Standing Counsel for the State, Sri Rakesh Thapaliyal, learned counsel for respondent nos. 2 to 4 and Sri Pankaj Miglani, learned counsel for the Municipal Board, Haridwar. By means of this writ petition, the petitioner have prayed for the following reliefs:- i. To summon the complete record pertaining to the case, ii. To issue the writ, order or direction in the nature of mandamus directing the respondents authorities to 2 pay the petitioner his retrial benefits in accordance with rules at the earliest, and/or iii. To issue any other suitable order or direction as this Hon’ble Court may deem fit and proper under the facts & circumstances of the case, iv. To award the cost of the petition to the petitioner. Briefly stated that the petitioner was initially appointed as Pump Operator by respondent no. 5- Municipal Board, Haridwar. Since, 8th August 2002, the Water Works Department of the respondent no. 5-Municipal Board, Haridwar was amalgamated with the Uttaranchal Jal Sansthan, Dehradun with the result the services of the petitioner stood transferred to the Uttaranchal Jal Sansthan. On attaining the age of superannuation, the petitioner retired from his services w.e.f. 31.12.2003, after completing service with the Municipal Board as well as in the Jal Sansthan. Since, the petitioner was not paid pensionery benefit, he was compelled to file the present writ petition. During the course of arguments, learned counsel for the respondent-Jal Sansthan Sri Rakesh Thapaliyal has submitted that the petitioner has already been paid the leave encashment on 31.12.2003, the amount of General Insurance due was paid on 27.07.2004 and the amount of Gratuity and G.P.F. has been paid on 6th January 2005. It has been further submitted that the contribution during the service rendered in serving the Municipal Board, has yet not been remitted to the Uttaranchal Jal Sansthan by the Municipal Board, Haridwar, therefore pension could not be granted to the petitioner. In this respect correspondence were made; the service book of the petitioner was also sent to the Municipal Board and the Municipal Board 3 in turn has removed all the defects in the service book, however, the contribution has not deposited by them during the service period rendered by the petitioner in their Department. Keeping in view the circumstances of the case, the Municipal Board, Haridwar is directed to remit the amount of contribution deposited by the petitioner in their department to the Uttaranchal Jal Sasthan within a period of one month form today. The Secretary, Pay Jal, Uttaranchal Sashan, Dehradun is directed to pass final order in regard to the family pension and other dues payable to the petitioner within a period of three months from the date of receipt of a certified copy of this order and in the meantime the petitioner be granted interim pension. With these directions, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) December 4, 2006: NCM: 4 WPSS 627 of 06: Hon’ble M.M. Ghildiyal, J. Misc. Application no. 81 of 2007:- This application has been filed by respondent no. 5 seeking correction of the order dated 4.12.06 at the place where the name of Sri. S.K. Mandal, learned counsel for Municipal Board, Haridwar has been mentioned instead of Sri Pankaj Miglani, Adv. Application is allowed. Let in the order dated 4.12.06, in place of Sri S.K. Mandal Adv., the name of Sri Pankaj Miglani, Adv. be mentioned and the name of Sri S.K. Mandal, Adv. be deleted. Application stands disposed of. (M.M. G., J.) 07.03.2007: NCM: