HIGH COURT OF UTTARAKHAND, AT NAINITAL Writ Petition No.3914 of 2001 (S/S) {Old No.15585/1993} Smt. Khimuli Devi W/o late Sri Gosai Dutt Sharma … Petitioner Versus District Inspector of School & others … Respondents Dated:- 17th May, 2010 Hon’ble Tarun Agarwala, J. Heard Sri K. S. Bora, the learned counsel for the petitioner and Sri Subhash Upadhyaya, the learned Brief Holder for the State of Uttarakhand. The present writ petition has been filed seeking a writ of mandamus commanding the respondents to grant gratuity, family pension etc. as available under the new pension scheme. It is alleged that the petitioner’s husband Gosai Dutt Sharma worked as an Assistant Teacher in the Municipal Board, Higher Secretary School, Jwalapur, District Haridwar and was appointed in the year 1969 and died on 15.05.1989 after completing 20 years of service. By means of Government Order dated 31st March, 1978, a new pension scheme was formulated for the betterment of the teachers of non- governmental colleges. Pursuant to the aforesaid Government Order, certain teachers exercised their options and certain teachers could not exercise their option as they were unaware of the said Government Order. The State Government, after considering the demand of the deprived teachers of the non-government aided institutions who could not apply under the new pension scheme, issued an order dated 12.10.1984 extending the period for submission of the option papers. Pursuant to this Government Order dated 12.10.1984, the petitioner’s husband applied on 28th March, 1985, which remained pending and, eventually, the petitioner’s husband died in harness on 15.05.1989. In paragraph 5 of the writ petition, it has been alleged that the petitioner’s 2 husband exercised his option and submitted the papers in the office of the Deputy Director of Education respondent no.2 on 28th March, 1985, which fact is admitted in paragraph 4 of the counter affidavit. In view of the aforesaid, the writ petition is allowed and a mandamus is issued commanding the respondents to process the papers within three months from today and issue the order for gratuity and family pension payable under the new pension scheme to the petitioner. (Tarun Agarwala, J.) Dated 17.05.2010 LSR