Shri Nanda Ballabh Lohni vs State Of Uttarakhand And Others
2021 Latest Caselaw 2874 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

                    Writ Petition (S/S) No. 158 of 2021

Shri Nanda Ballabh Lohni                                     ........... Petitioner

                                          Vs.

State of Uttarakhand and others                                ........ Respondents


Present : Mr. K.K. Harbola, Advocate for the petitioner.
          Mr. S.K. Mishra, Standing Counsel for the State/respondent no. 1.
           Mr. Ashish Joshi, Advocate is appearing for respondent nos. 2, 3 & 4 through
          video conferencing.



                                    JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral) Petitioner seeks the following reliefs:

"I. Issue a writ order or direction in the nature of Mandamus commanding the Respondents to forthwith release the outstanding Retiral benefits of the Petitioner along with interest as prescribed by this Hon'ble Court.

II. Issue any other or further order which this Hon'ble Court deems fit and proper under the facts and circumstances of the case.

III. Award the cost of petition in favor of the Petitioner."

2. Heard learned counsel for the parties and perused the record.

3. It is the case of the petitioner that having served with the Uttarakhand Transport Corporation (for short, "the Corporation") for many years, the petitioner superannuated in the year 2016, but his admissible dues have yet not been paid.

4. Counter affidavit has been filed by respondent nos. 2 to 5 and in para 5 of it, it is stated that the Corporation is willing to pay the amount to the petitioner as early as possible within a period of six months.

5. Learned counsel for respondent nos. 2 to 5 would submit that due to financial crisis, the Corporation is not in a position to pay all the dues immediately and reasonable time may be given to the Corporation to make the payment.

6. The Court takes on record the statement given by the learned counsel for the Corporation.

7. The writ petition is disposed of with the direction to the respondent Corporation to make payment of all the admissible dues to the petitioner within a period of four months from today.

(Ravindra Maithani, J.) 05.08.2021 Avneet/