Deveshwar Prasad Uniyal vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Petitioner had earlier filed Writ Petition (M/S) No. 2334 of 2014, claiming benefits available to Uttarakhand Rajya Andolankari. The said writ

petition was disposed of by a Coordinate Bench of this Court vide order dated 21.09.2017. Operative portion of the said order is reproduced below:

“Accordingly, the writ petition is disposed of. The State Government is directed to take a final decision within a period of eight weeks from

today.â€​

Pursuant to the aforesaid order passed by Coordinate Bench of this Court, Principal Secretary, Home Department has passed an order on

12.12.2017 rejecting petitioner’s claim for higher pension. Thus, feeling aggrieved, petitioner has approached this Court, seeking the following

reliefs:

“(i) Issue a writ order or direction in the nature of certiorari to quash/set-aside the order dated 12.12.2017 (Annexure -11) to the extent it denying

the claim of petitioner as Uttarakhand Rajya Andolankari as well as pensionary benefits.

(ii) Issue a writ order or direction in the nature of mandamus directing the respondents to grant pensioner benefits as per Govt. orders dated 12-8-2009

& 25-3-2013 (Annexure-4) to the petitioner by treating him as Uttarakhand Rajya Andolankari.

(iii) Issue a writ order or direction in the nature of mandamus directing the respondents to pay the pension to the petitioner @ Rs. 5000/- per month

from the date of initial order i.e. 11-8-2004 along with its arrear including interest (adjusting Rs. 3100/- per month from June 2016).â€​

Principal Secretary, Home Department has given valid reasons for not accepting petitioner’s claim for higher pension. Perusal of the impugned

order reveals that petitioner was never detained for participating in Uttarakhand Andolan nor he was ever hospitalised in connection with the injuries

sustained by him during Uttarakhand Andolan. It has also come on record that the records available with Local Intelligence Unit are absolutely silent

regarding petitioner’s participation in Uttarakhand Andolan.

For getting higher pension as Uttarakhand Rajya Andolankari, a person has to fulfil certain conditions as provided in the Government Orders. Since

petitioner could not fulfil those conditions of eligibility, therefore, his claim has been rightly rejected. In such view of the matter, there is no scope for

interference in the matter.

Accordingly, the writ petition fails and is dismissed.

No order as to cost.