Bhagwati Prasad vs Govind Ballabh Pant University Of ...
2021 Latest Caselaw 2921 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

                      Writ Petition (S/S) No. 948 of 2021

Bhagwati Prasad                                                 ........... Petitioner

                                          Vs.

Govind Ballabh Pant University of Agriculture and Technology
Pantnagar and others                        ........ Respondents


Present : Mr. Harendra Belwal, Advocate for the petitioner.
          Ms. Anjali Bhargawa, Additional Chief Standing Counsel for the State.
          Dr. Kartikey Hari Gupta, Advocate for respondent nos.1 to 4.



                                   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 computed and release amount the Gratuity in favour of the petitioner under the Payment of the Gratuity Act, 1972, after taking into the consideration, the services rendered by the petitioner on a daily wages basis since 01.01.1990, up to his date of superannuation on the basis of last drawn salary.

ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent university to award statutory interest, as payable under section 7 (3) (A) of the payment of the Gratuity Act, 1972.

iii) Issue any suitable order or direction as this Hob'ble Court may deem fit and proper in the circumstances of the case.

iv) To award the cost of the writ petition to the petitioner."

2. It is the case of the petitioner that serving the department of respondent no.1, University as Pump Operator, he retired in the month of March, 2021, but he has yet not been paid the entire gratuity as admissible to him.

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

4. Learned counsel for the petitioner would submit that despite entitlement for the gratuity, he has not been paid the gratuity.

5. On the date of first hearing only, learned counsel appearing for the respondents took time to seek instructions.

6. Today, learned counsel appearing for the respondents would submit that the respondents admit the claim of the petitioner, but seek two months' time to make the payment.

7. The Court takes on record the statement given by the learned counsel for the respondents.

8. The writ petition is disposed of with the direction to the respondent no.4 that he will ensure that all the admissible dues of gratuity are paid to the petitioner within a period of one month from today.

(Ravindra Maithani, J.) 09.08.2021 Sanjay