Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 843 of 2003 Pitamber Dutt Sanwal ……….. Petitioner Versus State of Uttar Pradesh through Secretary, Irrigation, Uttar Pradesh at Lucknow and another. …………………. ……… Respondents. Sri Lalit Belwal, learned counsel for the petitioner. Sri S.P.S. Panwar, learned Addl. Chief Standing Counsel for the respondents. Date: July 24, 2008. Hon’ble P.C.Verma,J. By means of this petition the petitioner has sought writ of mandamus directing the respondent No.2 /Executive Engineer, Ban Sagar Nahar Nirman Khand-6, Mirzapur, U.P. to pay the amount of provident fund, insurance, pension, arrears of travelling allowance and dearness allowance, bonus of 1999 and other post retiral benefits to the petitioner alongwith interest. 2. Brief facts are that the petitioner was appointed as driver in Army Service Core (Military Transport) on 07.11.1962 and discharged from the service on 20.04.1969. Thereafter he was appointed as driver on 04.10.1977 in Zamrani Bandh Project under the Irrigation Department of the State of Uttar Pradesh. The petitioner served at several places in the Department and lastly the petitioner was retired from service in the month of June 2000 from Mirzapur (U.P.). After the 2 retirement the petitioner has not been paid anything towards his retiral benefits except the amount of gratuity. He made representations dated 05.11.2000, 13.07.2000 and 20.10.2000 but till date he has not been allowed pensionary benefits. 3. I have heard the learned counsel for the parties. From the perusal of the counter affidavit it appears that the pensionary benefit is not being allowed to the petitioner. The same controversy has also been resolved in Special Appeal No.93 of 2004, State of Uttar Pradesh through Executive in Chief Public Works Department, Lucknow & another versus Anand Singh decided on 03.03.2006 by Division Bench of this High Court of which I was a member. In the said appeal the order passed by learned Single Judge directing the respondents to release the pensionary benefits to the petitioner, has been affirmed. 4. The learned counsel for the petitioner also placed reliance to the Government Order dated 1st July 1989 issued by Government of Uttar Pradesh in which it has been provided that the temporary Government servants who retire from service are entitled for pensionary benefit. 5. In view of above, the writ petition is allowed The respondent No.2 is directed to release pensionary benefits to the petitioner within a period of three months from the date of production of certified copy of this order. No order as to costs. (P.C.Verma,J.) 24.07.2008 P.Singh 3