WPSS/834/2021
2021 Latest Caselaw 2434 UK

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                                     WPSS No.834 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing)

Mr. Narendra Bali, Advocate, for the petitioner.

Mrs. Anjali Bhargawa, Addl. C.S.C. for the State of Uttarakhand.

Mr. Sandeep Kothari, Advocate, for the respondent no.2.

The petitioner to this writ petition, admittedly is the retired employee of respondent No.2, as per the writ averments which had been made in the writ petition, the petitioner has contended that he has attained the age of superannuation on 31.07.2020.

The contention of the petitioner, before this Court is that as a consequence of his dispensation of satisfactory services with the respondents, the petitioner had attained the age of superannuation, as detailed above, but despite of having attained the age of superannuation, his amount of gratuity, leave encashment and the statutory interest payable on it, as per the provisions contemplated under Section 7 (3) (A) of the Payment of Gratuity Act, has not been remitted to the petitioner. Hence, he contend that raising his grievance for the remittance of the said aforesaid retiral benefit amount, he has represented his case on 26.02.2021, he has filed his representation before the respondent No.2, and the same is still pending consideration, and no decision as such has been taken on the same.

Though this Court is apprehensive to issue such a direction to decide the representation of the petitioner, but considering the fact that the petitioner is the retired employee, and he has to sustain himself after retirement on the basis of the retiral dues which is the financial source for his subsistence, which is due to be paid to him.

In that view of the matter, this writ petition is being disposed of with a direction to the respondent No.2, to take a decision on the representation of the petitioner, which is for the payment of gratuity, leave encashment, as well as the statutory interests payable on it to them, within a period of two months from the date of production of the certified copy of this judgment.

Subject to the above observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 15.07.2021 Arti