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Judgment
Alok Singh, J
Facts as narrated in the writ petition are that petitioner was appointed as Cane Development Inspector (Statistics) under Project at Kashipur on
08.03.1977 and retired from service on 31.03.2012. The State of Uttar Pradesh has issued Government Order dated 07.04.1998 regarding payment of
the employees of Statistics Project under the Cane Commissioner whereby it was decided that posts under Statistics Project will be abolished and the
employees of Statistics Project may be adjusted in the Cane Department against the vacant post and till that date their salary may be paid from sugar
fund. The petitioner could not be adjusted in the Cane Department and retired from Statistics Project in 2012. Now, petitioner approached this Court
with a prayer that a writ of Mandamus be issued directing the respondent authorities to pay the arrears of salary as the dearness and additional
dearness allowances and the retirel benefits and pensionary benefits like gratuity, bonus from the date he retired from service on attaining the age of
superannuation.
Mr. M.C. Kandpal, Sr. Advocate for the petitioner has argued that Government Order dated 07.04.1998 issued by State of Uttar Pradesh is fully
applicable in the State of Uttarakhand and the State of Uttarakhand in similar circumstances has given appointment to Sri Ram Autar Gangwar.
Per contra, Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand has argued that petitioner had already retired in 2012 and Government
Order dated 07.04.1998 was well within the knowledge of the petitioner, he could have approached the authorities prior to his retirement and the case
of Sri Ram Autar Gangwar is entirely different from the case of petitioner, as he was in service when he raised his grievance.
Heard learned counsel for the parties and perused the material available on record.
Admittedly, petitioner was working as Cane Development Inspector (Statistics) in Statistics Project and retired on 31.03.2012. From perusal of
record, it transpires that during his service period, he never raised his claim. Annexure No. 3 to the writ petition is a representation moved by petitioner
along with four other persons but it did not contain any signatures and it is undated. It is merely a typed copy. Whether it is received in the office of
Sugar and Cane Commissioner, Kashipur is not known. It appears that petitioner woke up, when order was passed in the case of Sri Ram Autar
Gangwar and thereafter, he tried to seek parity. Case of the Sri Ram Autar Gangwar is entirely different from the case of the petitioner. Petitioner
retired on 31.03.2012 and after retirement he approached this Court while Sri Ram Autar Gangwar was in service when he approached the Court.
Petitioner approached this Court in 2017. Petitioner never raised his claim during his service period. Petitioner had already availed his retirel benefits
from the concerned Department. If for the sake of argument, it is assumed that petitioner has right to be merged in the Government Department, then
from which date. Therefore, at this highly belated stage, this Court cannot direct the respondent authorities to merge the petitioner in Government
Department and to pay arrears of salary and other retirement benefits.
In view of the above, writ petition fails and is hereby dismissed. No order as to costs.