WPSS/1515/2021
2021 Latest Caselaw 4905 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                COURT'S OR JUDGES'S ORDERS
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                     order with Signatures


      03.12.2021
                                                WPSS No. 1515 of 2021
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Mahesh Bhatt, Advocate, for the petitioner.

Mr. Lalit Samant, Advocate, for the respondent.

Parties to the writ petition agreed that the matter may be considered and decided finally.

Brief facts of the writ petition are that the petitioner, after having rendered his services with the respondents had attained the age of superannuation on 31.01.2020, and has retired from the post of Senior Clerk.

Initially, the grievance of the petitioner had been, that despite of the sanction having been granted for the payment of gratuity and the leave encashment by the orders of the competent authorities dated 09.01.2020 and 29.01.2020, in fact, the actual amount which he was entitled to be received by the petitioner, was not paid to him till 04.10.2021.

His submissions in the present writ petition is that on account of delayed payment of gratuity which was made only on 04.10.2021, as well as the leave encashment, which has not yet been remitted despite due sanctioned, having been granted, he has prayed for a writ of mandamus commanding the respondents to pay the sanctioned leave encashment amount of Rs. 6,27,120/- and the statutory interest which would be payable on the gratuity amount under Section 7(3A) of the Payment of Gratuity Act, for the period from 31.10.2020 till the date of actual payment which was made on 04.10.2021. The aforesaid facts are not in dispute.

The learned counsel for the petitioner had made reference to one of the orders passed

of 2021, Ram Pal Vs. Managing Director Uttarakhand Transport Corporation Headquarter At UCF SADAN, wherein this Court had disposed of the writ petition making an observation laying down the parameters under which the sanctioned amount of leave encashment would be paid.

This writ petition too would stand decided in terms of the judgment dated 25.06.2021. Besides this, with slight clarification, that the interest, which would accruing to be made payable to the petitioner would also be remitted to the petitioner within a period of two months from the date of presentation of the certified copy of this judgment.

Subject to above observations, the writ petition would stand disposed of.

(Sharad Kumar Sharma, J.) 03.12.2021 Mahinder/