IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (S/S) 625 of 2007 Puran Singh Verma ...Petitioner. Versus State of Uttarakhand and others …Respondents. Present : Mr. C. K. Sharma, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. C. K. Sharma, Advocate for the petitioner and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. The petitioner retired from the post of Principal of a grant-in-aid intermediate college on 30.6.2006. On retirement, the petitioner sought 40 % of his pension to be computed. This was denied to the petitioner inasmuch as the respondent sought recourse to the government order dated 17.10.1998 by which the employees who have attained the age of superannuation at 58 years of age are entitled for computation of 40 % of their pension and for those employees who have attained the age of superannuation at the age of 60 years are entitled for computation of 20 % of their pension, depending upon their earlier option for their age of retirement i.e. 58 years or 60 years. The respondents in their counter affidavit, however, stated that Director, Accounts and Entitlement Department, Uttarakhand sought instructions in the matter from the Secretary, Finance Uttarakhand vide letter dated 2.11.2006 (annexure no. 7 to the writ petition) asking as to up to what extent the computation to a retired employee can be granted, who reties after attaining the age of 60 which is in fact admitted by the respondent in the counter affidavit that Director, Account and Entitlement himself was not clear as to whether 40% computation could be done and 2 he sought instructions in this regard. Since they got no instructions, they granted only 20 % computation to the petitioner on the basis of government order dated 17.10.1998. It must be added here that the choice of option for 58 years or 60 years no more exist today inasmuch as now the age of superannuation for all Government employees is 60 years in the State of Uttarakhand. Based on these facts, it is befitting that the Secretary, Finance be directed to consider the representation of the petitioner for computation at the rate of 40 % or at any rate which is higher than 20 % if the rules permit and fix the pension of the petitioner accordingly but in no condition later than six weeks from the date a certified copy of this order is produced before him. With these observations writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 23.3.2011 Kuldeep