WPSS/745/2021
2021 Latest Caselaw 2190 UK

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                                     WPSS No. 745 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Through Video Conferencing)

Mr. K.K. Harbola, Advocate for the petitioner.

Mr. Narian Dutt, Brief Holder for the State of Uttarakhand.

Mr. Bhupendra Singh Bisht, Advocate for respondent No. 2.

The husband of the petitioner, who was working with the respondents as Beldar, had attained the age of supernnuation on 31st December, 2020, but, however, subsequent thereto, he had met with the sad demise on 1st May, 2021.

After his death, the respondents, by virtue of the letter No. 347/C.R. No. 848 dated 25th May, 2021, had sanctioned the amount payable towards the deceased employee, under the heads of gratuity, leave encashment, arrears of 7th Pay Commission, dearness allowance and bonus, totalling to Rs.11,87,863/- as detailed in para 7 of the Writ Petition, which is extracted hereunder :- "A. Gratuity = Rs.6,92,640/- (approx.) (sanctioned but not paid) B. Leave Encashment (300 days)=Rs.4,32,900/- (approx) (sanctioned but not paid) th C. Arrears of 7 Pay Commission = Rs.42,840/- (approx) (sanctioned but not paid) D. Dearness Allowances = Rs.12,565/- (approx.) (Sanctioned but not paid) E. Bonus = Rs.6908 (approx.) (Sanctioned but not paid) Total Amount = Rs.11,87,863/- (Approx.)" After having heard the learned counsel for the parties, since there is no controversy with regard to the entitlement of amount to be paid to the petitioner as claimed for by the petitioner, who is the widow of the deceased employee, coupled with the fact that the respondents, who are represented by Mr. Bhupendra Singh Bisht, Advocate, do not dispute the fact, that the issue stands covered by the judgment of the Division Bench rendered on 30th November, 2015, as passed in Writ Petition (S/B) No.494 of 2015, Lalita Prasad Tewari Vs. Uttarakhand Payjal Sansadhan Vikas Avam Nirman Nigam, which was subsequently followed by this Court also in Writ Petition (S/S) No.73 of 2019, Kailash Chandra Naudiyal Vs. State of Uttarakhand and another.

Hence, in view of the aforesaid, this Writ Petition is being disposed of directing the respondents to remit the amount, which already stands sanctioned by the order dated 25th May, 2021, in terms of the time period under respective heads of payment as provided by the Division Bench, in its judgment dated 30th November, 2015.

Subject to the above observations, the Writ Petition stands disposed of.

(Sharad Kumar Sharma, J.) Dated 02.07.2021 Shiv