Uttarakhand High Court
WPSS/185/2021 on 23 June, 2021
Office Notes, reports,
SL. orders or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and Registrar's
order with Signatures
23.06.2021
WPSS No. 185 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Via Video Conferencing)
Mr. Akshay Latwal, Advocate, for the
petitioner.
Mr. Narain Dutt, Brief Holder, for the
State/respondent No. 1.
Mr. N.S. Pundir, Advocate, for the
respondent Nos. 2 to 6.
The petitioner, in the present writ petition,
after working with the respondents, had attained the
age of superannuation on 30.11.2018. On account
of non-remittance of the retiral benefits and due to
non-fixation of the pay-scale, which the petitioner
contended that he was entitled to receive, he filed
the present writ petition for the following reliefs:-
"It is therefore most respectfully prayed that this
Hon'ble Court may kindly be pleased to:-
a) Issue a writ, order or direction in the nature of
mandamus directing the respondents to make the payment
of retiral dues i.e. Earned Leave (300 days) alongwith
interest.
b) Issue a writ, order or direction in the nature of
mandamus directing the respondents to fix the pay scale of
the petitioner and also to pay the pending dues in
accordance to the fixation alongwith interest.
c) Issue a writ, order or direction in the nature of
mandamus directing the respondents to pay the travelling
allowance for the period of 5 years i.e. 2013 to 2018
alongwith interest.
d) Pass any other writ, order or direction, which
this Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.
e) Award the cost of the writ petition to the
petitioner."
When this writ petition was initially
argued, the respondents were directed to file their
counter affidavits and in response thereto, the
respondent Nos. 2, 3, 4, 5 & 6 have filed their
counter affidavits along with IA/2/2021, which is
allowed and the counter affidavit, filed on behalf of
respondent Nos. 2 to 6 is taken on record.
The learned counsel for the petitioner has
drawn the attention of this Court to Annexure-1 to
the counter affidavit, i.e. an order passed by the
respondents being Order No. 254 dated 27.02.2021,
by virtue of which the respondents have partially
redressed the grievance of the petitioner, by fixing
the pay-scale, which was one of the reliefs which
was sought in the present writ petition. Hence, the
aspect pertaining to the fixation of the pay-scale,
which the petitioner sought, is redressed by the
order dated 27.02.2021, file with the counter
affidavit.
The partial grievance, which still stands to
be redressed for the petitioner, is that after the
fixation of the pay-scale by the order dated
27.02.2021, the re-determination of the retiral
benefits, as it has been prayed for by the petitioner
in the relief clause, has not been paid to the
petitioner by the respondents.
Owing to the peculiar circumstances of
the present case, since the foundation for the
determination of the retiral benefits i.e. the fixation
of the pay-scale has already been undertaken by the
respondents in view of Annexure-1 to the counter
affidavit, the respondents are hereby directed to
determine the retiral benefits and other benefits, as
it has been claimed by the petitioner in the present
writ petition on the basis of the pay fixation, which
has been done by the respondents on 27.02.2021.
However, it is expected and directed also
that respondents, would take a decision pertaining
to the re-determination of the retiral benefits and
ensure its payment within the period of two months
from the date of receipt of the certified copy of this
judgment.
Subject to above observation, the writ
petition stands disposed of.
(Sharad Kumar Sharma, J.)
23.06.2021
Mahinder/
