Kamlesh Kumari vs Deepika Sharma
2024 Latest Caselaw 2017 j&K

Jammu & Kashmir High Court

Kamlesh Kumari vs Deepika Sharma on 5 October, 2024

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                          Sr.No.02


                   HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT JAMMU.

                                                           CPSW No. 233/2018 c/w
                                                           CPSW No. 234/2018

Kamlesh Kumari                                                           .... Petitioner(s)

                         Through :- Ms. Damini Singh Chouhan, Advocate.

             V/s

Deepika Sharma, Man. Dir. B. C. Road.                                   ....Respondent(s)


                         Through :- Mr. K. D. S. Kotwal, Dy. AG.
 Coram: HON'BLE MRS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                          ORDER

05.10.2024.

1. In the instant petition, the petitioner herein has alleged non-compliance of

Order dated 15.07.2017 whereby directing the official respondents to consider

and pay the post-retiral benefits to the petitioner in the shape of CPL, Gratuity,

Leave Encashment with interest at the rate of 9% p.a.

2. The respondents have filed their objections to CM No. 4846/2023 in

which it is stated that in compliance to judgment of the Hon'ble High Court, the

respondents have disbursed an amount of Rs. 5,06,659/- in favour of the

petitioners. The breakup of the disbursement is as under:

      i.           Gratuity                Rs. 168102/-

      ii.          Leave encashment         Rs. 116143/-

      iii.         CP Fund both shares     Rs. 138576/-

      iv.          Interest paid           Rs. 83838/-

3. Learned counsel for the petitioner states that she is entitled to the amount

of Rs. 17,69,960/- which accrued to the petitioner way back in the year 2022

whereas the respondents have released only an amount of Rs. 5,06,659/- and the

balance amount has not been paid to the petitioner till date.

4. Learned counsel for the petitioner is directed to file an affidavit thereby

calculating the amount entitled to the petitioner in terms of judgment dated

15.07.2022.

Learned counsel for the respondents seeks and is granted three weeks'

time to file compliance report strictly in conformity with order dated 21.10.2016.

Learned counsel for the petitioner seeks and is granted four weeks' time to

file supplementary affidavit.

List both the petitions on 13.11.2024.

(Moksha Khajuria Kazmi) Judge

Jammu:

05.10.2024 Neha-1