Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition (S/S) No.1601 of 2001 (Old No.4186 of 1999) Anand Singh Negi - (Since deceased) Substituted by:- Smt.Bichna Devi W/o Late Anand Singh ……… Petitioner Versus Secretary, Basic Shiksha Parihad, U.P., Allahabad and others. …….. Respondents. …………… Sri Ravi Babulkar, learned counsel for the petitioner. Sri Paresh Tripathi, learned Brief Holder on behalf of the State of Uttarakhand. Date: May 14, 2008. Hon’ble P.C.Verma,J. This petition has been filed by the petitioner seeking writ of certiorari for quashing the impugned order dated 1/3.7.1998 by which the pension, which was being paid to the petitioner month to month, was stopped and recovery of the amount already paid to him was made. 2. The short dispute is regarding counting of service of late Sri Anand Singh Negi for the purposes of payment of pension, rendered by him on consolidated salary. Rejoinder affidavit has been filed by the petitioner annexing therein the letter dated 17.06.1996, whereby it has been provided that if a person is appointed on a 2 consolidated salary and is subsequently appointed regularly, then his services rendered on the consolidated salary shall be counted for the purposes of pension. In view of this letter dated 17.06.1996 issued by U.P. Basic Shiksha Parishad, Allahabad, the learned counsel for the State submitted that the letter is prospective and shall be applicable to the persons retired after issuance of the letter. The argument of the learned Standing Counsel is misconceived. The petitioner late Sri Anand Singh Negi was being paid pension after counting the service rendered by him on the consolidated salary but his payment was stopped after the issuance of Government Order dated 08.08.1994. If the payment of pension is stopped after issuance of this Government Order dated 08.08.1994, though which was not applicable, why the pension cannot be allowed to the petitioner after counting that period which was rendered by him on the consolidated salary after issuance of the letter dated 17.06.1996. 3. Therefore, the writ petition is allowed. The respondents are directed to pay the pension to the petitioner after counting the services rendered by the petitioner on the consolidated salary. (P.C.Verma,J) 14.05.2008 P.Singh