Shri Bhim Singh Bhandari vs State Of Uttarakhand And Others
2021 Latest Caselaw 2964 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

                   Writ Petition (S/S) No. 1012 of 2021

Shri Bhim Singh Bhandari                                        ........... Petitioner

                                         Vs.

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



Present : Mr. Alok Mahra, Advocate for the petitioner.
          Ms. Anjali Bhargawa, Additional Chief Standing              Counsel   for the
          State/respondent no.1.
          Mr. Bhupendra Bisht, Advocate for respondent nos.2 and 3.




                                   JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner claims the outstanding retiral dues total `6,54,314.2/- (leave encashment `5,00,760/-, arrears of ACP `26,626/-, arrears of 7th Pay Commission w.e.f. 01.01.2016 to 31.12.2016 `76,303.20/- and arrears of 7th Pay Commission w.e.f. 01.01.2017 to 30.09.2017 `50,625/-).

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

3. It is the case of the petitioner that having retired from the respondents department on 31.07.2019, the petitioner has yet not been paid his dues. It is also submitted that in the petition of similar nature, the Court has passed orders directing the respondents to make payment of all the admissible dues. Reference has been made to WPSS No.358 of 2021, Pushpa Devi vs. State of Uttarakhand and another, decided by this Court on 01.03.2021. It is also submitted that the case is covered by the judgment of this Court dated 30.11.2015, passed in WPSB No.494 of 2015 and connected matters.

4. Learned counsel for respondent no.2 gives a statement that department admits the claims, but due to paucity of funds, the department needs some time to make payment.

5. In fact, this Court leaves the question of entertainability of such a writ petition in this Court in view of existence of the State Public Services Tribunal, as constituted under the Uttar Pradesh Services (Tribunal) Act, 1976. The claim has been admitted. Hence, this Court is of the view that the matter may be decided accordingly.

6. In view of the submission made, the writ petition stands disposed of in terms of the order dated 30.11.2015 passed in Writ Petition (S/B) No.494 of 2015 and connected matters, by this Court.

(Ravindra Maithani, J.) 10.08.2021 Sanjay