IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (SS) 546 of 2009 Har Pal Singh ….Petitioner Versus Uttarakhand Jal Sansthan and others. ..Respondents With Writ Petition No. (SS) 743 of 2009 Adesh Kumar Sharma ….Petitioner Versus Uttarakhand Jal Sansthan and others. ..Respondents With Writ Petition No. (SS) 1743 of 2007 Smt. Lalita Devi ….Petitioner Versus State of Uttarakhand and others. ..Respondents With Writ Petition No. (SS) 209 of 2008 Kishan ….Petitioner Versus State of Uttarakhand and others. ..Respondents With Writ Petition No. (SS) 385 of 2009 Bal Chand ….Petitioner Versus Uttarakhand Jal Sansthan and others. ..Respondents 2 With Writ Petition No. (SS) 437 of 2009 Bhagat Ram Sharma ….Petitioner Versus Uttarakhand Jal Sansthan and others. ..Respondents With Writ Petition No. (SS) 638 of 2009 Om Kar ….Petitioner Versus State of Uttarakhand and others. ..Respondents With Writ Petition No. (SS) 1006 of 2009 Som Prakash ….Petitioner Versus State of Uttarakhand and others. ..Respondents With Writ Petition No. (SS) 1008 of 2009 Mehboob Hasan ….Petitioner Versus Uttarakhand Jal Sansthan and others. ..Respondents With Writ Petition No. (SS) 1009 of 2009 Ratan Singh ….Petitioner Versus Uttarakhand Jal Sansthan and others. ..Respondents 3 With Writ Petition No. (SS) 1010 of 2009 Sukhbeer Singh ….Petitioner Versus Uttarakhand Jal Sansthan and others. ..Respondents With Writ Petition No. (SS) 1012 of 2009 Shakti Singh Chauhan ….Petitioner Versus Uttarakhand Jal Sansthan and others. ..Respondents With Writ Petition No. (SS) 1128 of 2009 Smt. Sulochana Devi ….Petitioner Versus General Manager (Garhwal) and others. ..Respondents With Writ Petition No. (SS) 253 of 2010 Jai Singh Gusai ….Petitioner Versus Uttarakhand Jal Sansthan and others. ..Respondents With Writ Petition No. (SS) 881 of 2010 Mal Singh Rawat ….Petitioner Versus Uttarakhand Jal Sansthan and others. ..Respondents Present : Mr. Lok Pal Singh and Mr. Lalit Miglanai, Advocates for the petitioners. Mr. Rakesh Thapliyal, Advocate for Uttarakhand Pey Jal Sansthan. Mr. Pankaj Miglani, Advocate for Nagar Palika Parishad, Haridwar. 4 Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. Lok Pal Singh and Mr. Lalit Miglani, Advocates for the petitioners, Mr. Rakesh Thapliyal, Advocate for Uttarakhand Pey Jal Sansthan and Mr. Pankaj Miglani, Advocate for Nagar Palika Parishad, Haridwar. The petitioners in this bunch of writ petitions were the erstwhile employees of “Nagar Palika Parishad, Haridwar”. Subsequently, they were transferred/absorbed in the “Uttarakhand Pey Jal Sansthan” in the year 2002. Now all the petitioners have reached their age of superannuation and have retired. Admittedly, they were working on pensionary posts. All the same, their grievance is that the “Uttarakhand Pey Jal Sansthan” has not rightly calculated their pension and other post retirement benefits, and what is being given to them is much less than what they are entitled for. The respondent “Uttarakhand Pey Jal Sansthan” in their counter affidavit have stated that they have given their share of pension and other post retirement benefits to the petitioners, yet they have not received the amounts which were liable to be given by the “Nagar Palika Parishad, Haridwar” and therefore less amount is given to the petitioners because the appropriate amount has not been received by them from “Nagar Palika Parishad”. “Nagar Palika Parishad” in its counter affidavit are denying this and assert that it has given all the dues. In short, both the respective authorities i.e. “Uttarakhand Pey Jal Sansthan” and “Nagar Palika Parishad” are shifting their liabilities on each other. By now it is trite to state that pension is not a bounty but is a right earned by employee after his retirement which must be given without any delay after his retirement. In the 5 present case, the same has been denied to the petitioners which is evidently unjust. All the same, on the assurance given to this Court by the respective counsels Mr. Rakesh Thpliyal, Advocate appearing for “Uttarakhand Pey Jal Sansthan” and Mr. Pankaj Miglani, Advocate appearing for “Nagar Palika Parishad, Haridwar”, these writ petitions are being disposed of with the expectation that the authorities concerned who are now to dispose of this matter will do it expeditiously and in full earnest. Since this matter is concerned with two different departments of the State Government namely, “Uttarakhand Pey Jal” and Local Bodies, this Court directs that the Chief Secretary of the State of Uttarakhand or any other Principal Secretary or Secretary of the Government of Uttarakhand as delegated by him shall hear the petitioners and dispose of their cases by directing the appropriate authorities to re-fix pension and post retirement dues in accordance with law, within a period of eight weeks from the date a certified copy of this order along with a representation is presented before him. The Chief Secretary, if so requires, shall call the records from the Secretary, “Uttarakhand Pey Jal Sansthan” and Secretary, Local Bodies Government of Uttarakhand so that the matter be disposed of expeditiously. With the above observations, all these writ petitions are disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 21.7.2011 Kuldeep