IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 7008 (SS) of 2001 Ram Singh Bisht, S/o Sri Bhura Sing Bisht, R/o 12/1, Satyan Mohalla Rajpur, District – Dehradun. …Petitioner. Versus 1. Regional Manager, U.P. State Road Transport Corporation, State of Uttaranchal, Dehradun. 2. Managing Director, U.P. State Road Corporation Tehdi Koti, Lucknow. 3. Directorate of Pension through its Director, Indra Bhawan, 8 Ashok Marg Lucknow. ….Respondents. Hon’ble M.M. Ghildiyal, J Heard Sri Shard Sharma, learned counsel for the petitioner and Smt. Beena Pandey, learned Standing Counsel for State of U.P. on behalf of respondents no. 3. No one is present on behalf of respondents no. 1 and 2. By means of this writ petition, the petitioner has prayed for the following reliefs: i. to issue a writ, order or direction in the nature of Mandamus commanding the difference of the pay the gratuity as well as the difference of the pay fixation illegality withheld by them. ii. to issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay the post retirement benefits strictly in accordance with quantum admissible to the petitioner. iii. To grant any other relief as the Hon’ble Court may deem fit and proper under the circumstances of the case. iv. Award cost to the petitioner of the writ petition. Brief facts of the case, as narrated in the writ petition, are that petitioner, who was retired from the post of Accountant, had earlier filed writ petition no. 8955 (SS) of 2000 before Allahabad High Court. The said writ petition was disposed of on 22.02.2000 with a direction to General Manager, UPSRTC, Head Quarter, Dehradun to decide the matter relating grant of retired benefits and pension payable to the petitioner within two months from the date a copy of this order is filed before him. In pursuance to the order dated 22.02.2000 passed by Allahabad High Court respondents made part payment of retirel benefits to the petitioner on 27.03.2000. On 30.01.2001 Regional Manager, UPSRTC, Dehradun sent a letter to the Finance Controller / Chief Accounts Officer, UPSRTC, Lucknow to release the amount for making payment of arrears of salary to the petitioner as per 5th Pay Commission which is amounting to Rs. 23,284/-. However, no action has been taken by the respondents. Apart from this amount of arrear of salary is a part of gratuity has also not been paid to the petitioner, consequently, he has compelled to five writ petition again. In spite of granting time to the respondents to file counter affidavit, no counter affidavit has yet been filed. Petitioner was retired from service on 31.12.1998. About eight years have passed but respondents have yet not paid the aforesaid amount. In the aforesaid circumstances, I deem it fit and proper to direct the respondent no. 2 to make payment of arrear of salary and part of gratuity, which has been withheld by the department, along with interest at the rate of 8% per annum on the aforesaid amount from the date on which it is due for payment, within a period of three months from the date of production of certified copy of this order. With this direction the writ petition is finally disposed of. Stay application no. nil of 2001 is disposed of accordingly. No order as to costs. (M.M. Ghildiyal, J) November 29, 2006 SKSharma