WPSS/1516/2021
2021 Latest Caselaw 4907 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. 1516 of 2021
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Mahesh Bhatt, Advocate, for the petitioner.

Mr. Lalit Samant, Advocate, for the respondents.

The petitioner to the present writ petition had contended, that after having been regularly appointed with the respondents as back as in the year 1989, he had attained the age of superannuation on 31.07.2020. His claim with regard to the payment of gratuity amount to the tune of Rs. 10,25,325/-, and the leave encashment to the tune of Rs. 5,73,300/- though it was duly sanctioned and approved by the respondent authorities vide their orders dated 20.04.2020 and 14.08.2020. But, despite consistent claim being raised by the petitioner, the same has not yet been remitted to the petitioner, hence the present writ petition.

He further submits that the sanctioned amount claimed by the petitioner payable towards the gratuity and the leave encashment are the statutory benefits, that cannot be curtailed and in relation thereto, he has made reference to a judgment rendered by this Court

of 2021, Ram Pal Vs. Managing Director Uttarakhand Transport Corporation Headquarter At UCF SADAN dated 25.06.2021.

In that eventuality, this writ petition too would stand disposed of under the same terms directing the respondents to remit the sanctioned amount of gratuity and leave encashment, as prayed for by the petitioner through his representation which had been submitted by him before the respondent on 22.03.2021 and the needful would be done within a period of three months from the date of presentation of the certified copy of this judgment.

It goes without saying that the payment of gratuity amount, which already stood sanctioned would obviously be made payable to the petitioner after including the statutory interest payable on it under Section 7(3A) of the Payment of Gratuity Act, to be computed from the date of attainment of the age of superannuation of the petitioner till the date of actual payment.

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

(Sharad Kumar Sharma, J.) 03.12.2021 Mahinder/