IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition no. 1514 (SS) of 2004. M.S. Negi S/o Sri P.S.Negi, Resident of 28, Sumanpuri, Adhoiwala, District Dehradun. ………….Petitioner. Versus 1. Indian Institute of Technology, Roorkee, through its Registrar, 2. Director Institute of Technology, Roorkee, 3. Union of India, through Secretary, Ministry of Labour, New Delhi. …………...Respondents. Sri M.C. Pant, Adv. & Sri N.K. Papnoi, learned counsel for the petitioner, None for the respondents. Hon’ble M.M. Ghildiyal, J. Heard Sri N.K. Papnoi, holding brief of Sri M.C. Pant, learned counsel for the petitioner. None is present for the respondents. By the present petition, the petitioner has prayed for the following reliefs:- (i) Issue a writ, rule, order or direction in the nature of certiorari quashing the reply to notice dated 13.06.2003 (Annexure 8) passed by the respondent, (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to grant pension to the petitioner from the date petitioner retired from service along with arrears and interest @ 18% p.a. in view of the G.O. no. SA-31949/DSA- 900-79 dated 26.03.2004 after summoning the same from the respondents, 2 (iii) Issue any other order or direction, which be deemed fit and proper under the facts and circumstances of the case in favour of the petitioner, (iv) Award cost of the writ petition to the petitioner. Order dated 13th June 2003 is the order passed by the Deputy Registrar, Indian Institute of Technology, Roorkee, rejecting the application of the petitioner for grant of pensionery benefit. Briefly stated that the petitioner was initially appointed in the University of Roorkee as Senior Lab Technician and worked as such from 30.11.1966 to 15.09.1982 thereafter, he worked as Research Assistant w.e.f. 16.09.1982 to 04.01.1984. This post falls under the category of class III post. The petitioner joined the service of the University as an Ex Serviceman from the Indian Navy and has resigned from the University’s service after submitting his resignation to join the ONGC, Dehradun on 04.01.1984. After about 20 years, the petitioner has filed the present writ petition before this Court in the year 2004 for granting him pensionery benefits. A counter affidavit has been filed by the respondents in the present case. In the counter affidavit, the respondents have specifically averred that a pension scheme was introduced vide Govt. Order no. 789/84/77/84 dated 22.09.1984 for the employees of University of Roorkee, including those who had retired on or after 01.01.1984. By the said scheme three options were provided to the employees, which are reproduced hereunder:- 3 (i) Pension, Death-cum-Retirement Gratuity, Family Pension and General Provident Fund with retirement at the age of 58 years. OR (ii) Pension, Family Pension and General Provident Fund with retirement at the age of 60 years. OR (iii) To continue with the then prevalent G.P.F. Scheme with retirement at the age of 60 years. Once exercised, the option would be final and irrevocable. The petitioner was not entitled to pensionery benefits in accordance with the Govt. Order of the U.P. Government, as he had resigned from the Institute on 04.01.1984 to join the ONGC, Dehradun. The said Govt. Order, which provides family pension to the retired employees, was implemented on 01.01.1984. The petitioner was not retired from the University at par the options pointed out above, on the contrary, he has resigned from the University, as such, he was not found entitled for family pension. There is nothing in rebuttal, which may sustain the version of the petitioner. In the circumstances mentioned above, the petition lacks merit and is liable to be dismissed. The writ petition is dismissed accordingly. No order as to costs. (M.M. Ghildiyal, J.) November 30, 2006: NCM: