Uttarakhand High Court
WPSS/1560/2021 on 9 December, 2021
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPSS No.1560 of 2021
With
WPSS No.1562 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. I.D. Paliwal, Advocate for the
petitioners.
Mr. Lalit Samant, Advocate for the
respondents.
In these two writ petitions, it is almost a
similar issue, which has been raised by the
petitioners for the purposes of the payment of
gratuity and leave encashment, which the
petitioners contend, that they would entitle to
receive after the attainment of their respective age
of superannuation.
In Writ Petition (S/S) No.1560 of 2021
precise case of the petitioner, is that he had attained
the age of superannuation on 31.07.2021. Having
retired from the post of Fitter and despite of the
fact, that respondent had sanctioned gratuity and
leave encashment amount for 272 days by an order
of 28.07.2021 the same has not yet been remitted to
him. Consequently, he had prayed for a writ of
mandamus for the respondents to pay the gratuity
amount of Rs.10,36,260/- alongwith the statutory
interest payable under Section 7(3A) of the
Payment of Gratuity Act 1972 and leave
encashment of an amount of Rs.4,28,563/-.
In connected Writ Petition (S/S) No.1562 of
2021 the petitioner therein, who was working with
the respondents had attained the age of
superannuation on 31.03.2021. Having retired from
the post of Senior Assistant, the petitioner contends,
that as per the sanction granted by the respondents
vide their order of 07.10.2021, the gratuity and the
leave encashment amount stood sanctioned in his
favour but yet the same has not been paid to him
though he would be entitled for an amount of
Rs.14,11,020/- payable towards gratuity and a sum
of Rs.6,12,487/- payable towards leave encashment
as well as the statutory interest on the gratuity
amount payable under Section 7(3A) of the
Payment of Gratuity Act 1972.
In support of his contention in both the writ
petitions, the counsel for the petitioners had made
reference to various judgments, which has been
rendered by this Court, as well as by the Division
Bench of this Court laying down, that when there is
no dispute with regards to the remittance of the
retiral benefits, which have already been
sanctioned, in that eventuality, where the
respondents were supposed to disburse the amount
which has been sanctioned within the time specified
by the judgment of Division Bench of this Court,
which has been taken into consideration in a
judgment rendered by this Court on 25.11.2021 in
Writ Petition (S/S) No.1486 of 2021 and the
judgment dated 23.10.2021 rendered in Writ
Petition (S/S) No.1343 of 2021.
Hence in that eventuality, these writ petitions
would too stand disposed of under the same terms
and conditions. The respondents and directed to
remit the gratuity and the leave encashment
amount, which has already been sanctioned
respectively to the petitioners within a period of
three months from the date of presentation of the
certified copy of this judgment.
It goes without saying, that the petitioners
would be entitled for the statutory interest payable
on the gratuity amount from the date of their
respective retirement, till date of actual payment.
Subject to the above observations, the writ
petitions stand disposed of.
(Sharad Kumar Sharma, J.)
09.12.2021
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