Sher Singh vs State Of Uttarakhand And Another
2021 Latest Caselaw 916 UK

           IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                          Writ Petition (S/S) No. 433 of 2021

Sher Singh                                                           ......... Petitioner

                                             Vs.
State of Uttarakhand and another                                   .......Respondents

Present:
            Mr. K.K.Harbola, Advocate for the petitioner.
            Mr. Tej Singh Bisht, Deputy Advocate General for the State/respondent no.1.
            Mr. Bhupendra Singh Bisht, Advocate for respondent no.2.


                                      JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

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

"(i) To issue a writ, order or direction in the nature of Mandamus commanding the Respondents to forthwith release the outstanding retiral benefits to the petitioner, details whereof is given herein below:-

A) Gratuity =Rs.7,10,892/- (approx.) (sanctioned but not paid) B) Leave Encashment (300 days) = Rs.4,58,640/- (approx.) (sanctioned but not paid) C) Arrears of 7th Pay Commission (w.e.f. 01-01-2016 to 30-09-2017) = Rs.1,02,369/- (approx.) (sanctioned but not paid) D) 17% Dearness Allowances = Rs. 5, 715 (approx.) (sanctioned but not paid) E) Arrears of ACP = Rs. 25, 929/- (approx.) (sanctioned through Bill No. 29/18-19) F) Arrears of travelling allowances after retirement = Rs. 7, 466/- (approx.) (sanctioned but not paid)

Total Amount = Rs. 13,11,011/- (Approx.)

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

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

3. Learned counsel for respondent no. 2 would submit that the department admits the claim of the petitioner, but due to financial crunch, the payment could not be made on time. He gives an undertaking that within three months from now all the admissible dues will be paid to the petitioner.

4. The Court takes on record the statement made on behalf of the respondent.

5. The writ petition is disposed of with the direction to the respondent no.2 to make the payment of all admissible dues to the petitioner within a period of three months from today.

(Ravindra Maithani, J.) 16.03.2021 Nahid