Shiv Charan vs Uttarakhand And Others
2021 Latest Caselaw 1224 UK

      HIGH COURT OF UTTARAKHAND AT NAINITAL

                   Writ Petition (S/S) No. 479 of 2021

Shiv Charan                                               ...... Petitioner

                                    Vs.

Uttarakhand and Others                                  ..... Respondents


Mr. Gopal Joshi, Advocate for the petitioner.
Mr. P.S. Bisht, Additional Chief Standing Counsel for the State of
Uttarakhand/respondent nos.1 to 3.
Mr. K.K. Tiwari, Advocate for the respondent no.4.



                                  JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The instant writ petition has been filed seeking the following reliefs:-

"(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to forthwith release the gratuity amount and 02 years family pension to the petitioner along with 18% interest.

(ii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(iii) award the cost of the writ petition in favour of the petitioner."

2. Heard learned counsel for the parties and perused the record.

3. It is the case of the petitioner that his wife died on 15.11.2018, but he has yet not been paid the gratuity amount and arrears of family pension.

4. At the very outset, learned counsel for the respondent no.4, would submit that the respondent no.4 admits the claim of the

petitioner and submits that due to paucity of funds, the payment could not be made in time and now it may be paid within a period of two months.

5. The Court takes on record the statement made by the learned counsel for the respondents no.4.

6. The writ petition is disposed of with the directions to the respondent no.4, to make payment of all admissible dues to the petitioner within a period of two months from today.

(Ravindra Maithani, J.) 26.03.2021 Sanjay