IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 328 (SS) of 2011 Raghuvir Singh Rawat …Petitioner Versus State of Uttarakhand and others …Respondents Mr. B.D. Kandpal, learned counsel present for the petitioner Mr. Anil Bisht, learned brief Holder present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. Heard Mr. B.D. Kandpal, learned counsel for the petitioner and Mr. H.M. Raturi, learned standing counsel for the State of Uttarakhand. The petitioner retired from service in the year 2009 as a Head Master in a Junior High School. Subsequently he was re-engaged for a period of 11 months. The contention of the petitioner is that neither has been paid the salary for the period of 11 months when he was re-engaged nor his post retiral dues has been given to him. This Court had passed an order on 18.04.2011, which reads as under:- “Heard learned counsel for the parties and perused the record. Admit the petition. Admittedly, the petitioner got retired from his service on 30.04.2009. Thereafter, he was re-engaged for a period of one year i.e. till the end of Academic year 2009- 2010. In pursuance of that re-engagement order dated 27.04.2009, the petitioner joined on 1st May, 2009 and worked till 31.03.2010. contention of the learned counsel for the petitioner is that inspite of the fact that petition was re-engaged by the respondent and had worked for eleven months, he has not been paid his salary. Apart from this, the respondents have not cleared his post retirement dues i.e. payment of medical bill, which had already been sanctioned, payment of arrears of selection grade from the date same become due as well as payment of salary after such fixation. He has further stated that no reason has been given by the respondents for not making payment of the aforesaid dues to the petitioner. Learned counsel for the State sought time for filing counter affidavit. 2 Four weeks time is granted to the learned counsel for the State for filing counter affidavit. In the counter affidavit, the respondents shall show the reasons as to why payment of these dues has not been made to the petitioner so far, and in case, there is nothing adverse against the petitioner, why direction should no be issued for making payment of interest on the said dues. List this petition in the week commencing 23rd May, 2011. The interim relief application (CLMA No. 2789/2011) stands disposed of.” No counter affidavit has been filed in this case so far. It is settled principles of law that pension is not a bounty, but it is right of a government servant, which cannot be withheld by the Government. It has been inordinate delay in giving the pension and other post retiral dues and salary of 11 months, which has not been given to the petitioner. In view of the above facts, this writ petition is disposed of with a direction that if the petitioner moves a representation before the Director of Education, Government of Uttarakhand, Dehradun, the same shall be decided by the said authority in accordance with law as expeditiously as possible but definitely within a period of three weeks from the date a certified copy of this order is produced before him in accordance with law if the petitioner is liable to be given the salary for the 11 months the same shall be given to him along with the other post retiral dues and proper pension should also be released after re-fixation. With the above observation, the writ petition is disposed of finally. No order as to costs. (Sudhanshu Dhulia, J.) Dated: 16.09.2011 VKG