WPSS/1692/2021
2021 Latest Caselaw 5379 UK

Citation : 2021 Latest Caselaw 5379 UK
Judgement Date : 28 December, 2021

Uttarakhand High Court

WPSS/1692/2021 on 28 December, 2021

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
     ON THE 28TH DAY OF DECEMBER, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (S/S) No. 1692 of 2021
BETWEEN:

Turani Devi                                ... Petitioner
     (By Mr. Kishore Kumar, Advocate)

AND:

Uttarakhand Payjal Sansadhan Vikas
Evem Nigam & another             ... Respondents

     (By Mr. B.S. Bisht, Advocate)


                        JUDGMENT

1. Petitioner was an employee of Uttarakhand Payjal Nigam and retired from the post of Chaukidar on 30.06.2020.

2. Learned counsel for the petitioner submits that that the amount payable to the petitioner as Leave Encashment & Gratuity etc. has not been paid to him so far.

3. Mr. Kishore Kumar, learned counsel for the petitioner submits that similar controversy was decided by Division Bench of this Court vide judgment dated 03.09.2021 passed in WPSB No. 211 of 2021. He, therefore, prays that the writ petition be disposed of in terms of the said judgment.

4. Mr. B.S. Bisht, learned counsel for respondents also does not dispute this submission

made by Mr. Kishore Kumar, Advocate on behalf of the petitioner.

5. Since both the parties are unanimous on the point that identical question has been decided in the aforesaid writ petition, therefore, this writ petition is also disposed of in terms of the judgment dated 03.09.2021 rendered in WPSB No. 211 of 2021 with the following directions:-

I. The amount payable as Leave Encashment and arrears of ACP, if any, shall be paid to the petitioner within three months from today.

II. The amount of Gratuity shall be paid to the petitioner within four months from today. Petitioner shall be entitled to interest in terms of Section 7(3A) of Payment of Gratuity Act, 1972.

III. Failure on the part of respondent no. 1 in releasing amount of leave encashment and arrears of ACP, if any, within three months will make him liable to pay simple interest at the rate of 8% per annum to petitioner.

(MANOJ KUMAR TIWARI, J.) Aswal