IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1596 of 2001 Ranjit Singh Rawat ...Petitioner. Versus State of Uttar Pradesh and others …Respondents. Present : Mr. Sunil Upadhyay, Advocate for the petitioner. Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand. Ms. Preeta Bhatt, Advocate holding brief of Ms. Beena Pande, Standing Counsel present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. Sunil Upadhyay, Advocate for the petitioner, Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand and Ms. Preeta Bhatt, Advocate holding brief of Ms. Beena Pande, Standing Counsel for the State of Uttar Pradesh. 2. The petitioner was a Forest Ranger in the department of Forest in the erstwhile State of Uttar Pradesh. He retired from service in the year 1994. Consequent to the retirement of the petitioner from the service of Forest Department in the erstwhile State of Uttar Pradesh since the petitioner did not receive his post retirement benefits, he filed a writ petition in the year 1999 claiming said benefits. The writ petition stood transferred to this Court under Section 35 of the Uttar Pradesh Reorganisation Act, 2000. 3. From the averments in the writ petition and the counter affidavit filed by the State of Uttarakhand as well as by the Uttar Pradesh, it emerges that all the post retirement dues have been paid to the petitioner except certain claims which the petitioner has made regarding expenses incurred during his service. The petitioner claims that he had paid certain amounts to “workers” for plantation or for certain construction. This amount the petitioner paid from his own pocket and the amount though sanctioned by the superior 2 authorities has not been paid to the petitioner, even after his retirement from service. On the basis of the order of this Court dated 10.9.2009 the Forest Authorities in the State of Uttarakhand deposited certain amount before the Registry of this Court and the Court has been informed that an amount of `2,86,000/- has been deposited in the Registry by the said forest authorities of the Government of Uttarakhand in compliance of the order dated 10.9.2009. However, this is considered view of this Court that the claim as sought by the petitioner for the amount cannot be given to the petitioner for the following reasons:- This amount, which the petitioner claims, were allegedly given by him to the daily rated workers, for the purpose of certain government constructions, from his pocket. This cannot be believed for the simple reason that there is nothing on record to show that the petitioner has actually paid that amount. Moreover, this claim before the authorities is highly belated. As such, the claim made by the petitioner after his superannuation is totally misconceived. This Court has been informed that during the pendency of the writ petition, petitioner has died and his son has been substituted in the writ petition. 5. It must also be stated that the claim, as sought by the petitioner for the amount paid by him to the daily rated workers, and for other purpose, pertains to the year 1986-87 and 1988-89. Petitioner admittedly retired in the year 1994. The claim in any case is highly belated. 6. The writ petition to that extent fails and is dismissed. 7. No order as to costs. 3 8. Registry is hereby directed to remit the amount, which was already deposited by the Forest Department, to the appropriate authorities within a period of three weeks from today. At this stage, petitioner has stated that no amount could not have been deducted from his gratuity as according to him an amount of `38,328/- has been deducted from his gratuity. However, after the money is deposited to the concerned authorities, the Divisional Forest Officer, Tarai Ramnagar shall decide the representation of the petitioner only to that extent, and if he deems it fit and proper he shall release the said amount i.e. `38,328/- as alleged by the petitioner. Needful be done within a period of six weeks from the date a certified copy of this order is produced before him. (Sudhanshu Dhulia, J.) 11.11.2011 Kuldeep