Smt. Kamla Lal vs State of Uttarakhand and others.

Hon''ble Sudhanshu Dhulia, J. (Oral)

Heard Mr. Anurag Bisaria, Advocate for the Petitioner, Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand and Ms. Beena Pande, Standing Counsel present for the State of Uttar Pradesh.

The Petitioner was working in a grant-in-aid Inter College, namely, "Mahila Vidyalaya Inter College, Sati Kund Kankhal, District Haridwar". The Petitioner reached the age of superannuation on 30.6.1999 and consequently retired from service. The Petitioner has not been paid post retiral dues including pension and other dues, hence, the present writ petition.

Inspite of the opportunities given to the State of Uttar Pradesh, no counter affidavit has been filed in this case on behalf of the State of Uttar Pradesh. Counter affidavit has been filed on behalf of the State of Uttarakhand. The stand taken by the State of Uttarakhand is that the Petitioner retired from service prior to appointed day and therefore any liability regarding the post retirement dues is on the State of Uttar Pradesh and not on the State of Uttarakhand.

Moreover, the counsel for the State of Uttarakhand has also stated that the Petitioner has not put in 10 years of service and as such she is not entitled for grant of pension. According to the record available with the Respondents the Petitioner joined services only on 28.10.1991 and retired on 30.6.1999 and, therefore, she has obviously not put in 10 years of service. This aspect is though denied by the Petitioner who states that she has put in more than 10 years of service.

Since no counter affidavit has been filed in this case by the State of Uttar Pradesh, the matter is presently being disposed of with the direction to the Secretary, Education, Government of Uttar Pradesh, Lucknow to look into the matter and take a decision on it and in case the Petitioner is liable to be given the pensionary benefit and other post retirement benefit, the same shall be given to her. The District Inspector of School, Haridwar and the Committee of Management, "Mahila Vidyalaya Inter College, Sati Kund Kankhal, District Haridwar" shall cooperate with the Secretary, Education, Government of Uttar Pradesh, Lucknow in this regard. While the Petitioner will make a representation to the Secretary, Education she shall also file a copy of the present writ petition along with other documents filed before this Court. In case such a representation is made, the same shall be disposed of within a period of three months from the date a certified copy of this order is produced before him.

With the above observations, writ petition is disposed of.

No order as to costs.