Bhagat Ram Uniyal vs State Of Uttarakhand And Others
2021 Latest Caselaw 2987 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

                   Writ Petition (S/S) No. 1017 of 2021

Bhagat Ram Uniyal                                          ........... Petitioner

                                         Vs.

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


Present : Mr. Amar Murti Shukla, Advocate for the petitioner.
          Mr. M.C. Tiwari, Deputy Advocate General for the State.



                                   JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks the following reliefs:

i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to release post retiral dues including pension alongwith interest as this Hon'ble Court may deem fit and proper.

ii) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

iii) Award the cost of the petition to the petitioner.

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

3. It is the case of the petitioner that having retired on 31.10.2020, he has not been paid the retiral dues. A series of litigations is detailed in the writ petition to show that, in fact, the petitioner and their associates had to take a long battle to get their rights. In para no.47 of the writ petition, the petitioner writes that he has not been paid the retiral dues on the ground that a writ petition bearing WPSS No.274 of 2020 is pending for disposal before this Court.

4. Learned counsel for the petitioner would submit that WPSS No.274 of 2020, which has been filed by the petitioner has nothing to do with the retiral dues. The petitioner has already submitted a representation dated 09.07.2020 (Annexure No.4 to the writ petition), but he has yet not received any response from the respondents department. There have been multiple rounds of litigations.

5. Learned counsel for the petitioner would submit that the respondents may be directed to decide the representation of the petitioner and release the retiral dues to him within a stipulated time.

6. Learned counsel for the respondents would submit that the representation submitted by the petitioner would be decided within a period of six weeks.

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.3 to decide the representation dated 09.07.2020 (Annexure No.4 to the writ petition) within a period of six weeks from today with a speaking and reasoned order.

(Ravindra Maithani, J.) 11.08.2021 Sanjay