WPSS/575/2021
2021 Latest Caselaw 1733 UK

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                                     WPSS No.575 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. K. K. Harbola, Advocate, for the petitioner.

Mr. P.S. Bisht, Standing Counsel, for the State of Uttarakhand.

Mr. Bhupendra Singh Bisht, Advocate, for the respondent.

In the present writ petition, the petitioner has attained the age of superannuation, from the post of Senior Assistant, on 31.01.2020, and his grievance as it has been raised in the present writ petition, is to the effect that the gratuity to the amount of Rs.7,79,922/-, and leave encashment of an amount of Rs.4,72,680/- i.e. in all Rs.12,52,602/-, has not been paid to him despite of there being a sanction of the same or the acceptance of the liability by the Letter No.240/CR No.3630 dated 28.04.2020.

The issue with regards to the claim of the gratuity and the leave encashment and its ultimate payment, which was sanctioned on 28.04.2020, is an aspect which is admitted by the respondents, as per the counsel for the parties stands settled by the judgment of the Division Bench of this Court dated 30.11.2015, which was rendered in Writ Petition No.494 of 2015, and later on the said precedent was followed by this Court in Writ Petition No.73 of 2019, whereby the writ petition was disposed of by the judgment dated 10.01.2019 Since there happens to be no controversy pertaining to the ratio as laid down by the aforesaid two judgments and also that matter squarely stands covered by it, this writ petition too would stands disposed of with a direction to the respondent no.2, to make the necessary payment to the petitioner pertaining to his retiral benefits, in accordance with the stipulation and the directions given by the Division Bench judgment of this Court, fixing the time period for payments, under different heads.

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

(Sharad Kumar Sharma, J.) 25.05.2021

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