Uttarakhand High Court
WPSS/691/2021 on 23 June, 2021
Office Notes,
reports, orders or
proceedings or
sl. No Date COURT'S OR JUDGES'S ORDERS
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Registrar's order
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WPSS No.691 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Via video conferencing).
Mr. K.K. Harbola, Advocate, for the
petitioner.
Mr. Sushil Vashistha, Brief Holder, for
the State of Uttarakhand.
Mr. Bhupendra Singh Bisht, Advocate,
for the respondent.
The petitioner, who was working with
the respondents had attained the age of
superannuation on 31.01.2020, and retired from
the post of Work Agent (regular field
employee).
The grievance of the petitioner in the
present writ petition is that despite of the
sanction being granted by the Competent
Authority vide its Letter No.259/CR No.757
dated 23.06.2020, he has not yet been paid the
gratuity, which is amounting to Rs.7,54,416/-
and leave encashment amounting to
Rs.4,86,720/-, as it has been detailed by the
petitioner in the relief clause of the writ
petition.
The contention of the petitioner in the
present writ petition is that after the grant of
sanction by the Competent Authority on
23.06.2020, it is in fact an admission of the
liability and hence the same would be covered
by the judgement which was rendered by this
Court in Writ Petition being WPSS No.73 of
2019, "Kailash Chandra Naudiyal Vs. State of
Uttarakhand & another". In principle it is based
upon the decision of the Division Bench of this
Court, which was rendered by this Court on
30.11.2015, in a Writ Petition (S/B) No.494 of
2015 and others, "Lalita Prasad Tiwari Vs.
Uttarakhand Payjal Sansadhan Vikas Evam
Nirman Nigam".
This fact that the issued stands covered
by the aforesaid two judgments, which was
rendered by this Court, as well as by the
Division Bench of this Court is a fact admitted,
this writ petition too would stands disposed of
in terms of the parameters for the payment of
the retiral benefits, and the time period, as
provided by the Division Bench in its judgment
dated 30.11.2015.
Hence, this writ petition too is being
disposed of with a direction to the respondents
to pay the gratuity amount within a period of
two months and the leave encashment amount
within a period of three months from today to
the petitioner.
As far as the arrears of the 7th Pay
Commission is concerned, that would abide by
the issue of entitlement of the petitioner in the
light of the judgment rendered by the Division
Bench in Writ Petition No.639 of 2018,
"Shivraj Verma Vs. State of Uttarakhand &
another", as it was decided on 14.12.2018.
Subject to the aforesaid observations, this
writ petition is being disposed of for the
remittance of the gratuity and the leave
encashment, as directed above.
It goes without saying that the payment
of gratuity would always be inclusive of the
statutory interest payable under Section 7 (3-A)
of the Payment of Gratuity Act.
As far as the arrears of the 7th Pay
Commission is concerned, that will be
governed by the principles laid down by the
Division Bench judgment's, as referred above,
in the matters of Shivraj Verma (Supra).
Subject to the above observations, the
writ petition stands disposed of.
(Sharad Kumar Sharma, J.)
23.06.2021
NR/
