WPSS/294/2021
2021 Latest Caselaw 4619 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  IA No. 4 of 2021
                                  IA No. 5 of 2021
                                  In
                                  WPSS No. 294 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Harendra Belwal, Advocate, for the petitioner.

Mr. N.S. Pundir, Deputy Advocate General, for the State of Uttarakhand.

The petitioner, who has attained the age of superannuation from the post of Chawkidar, as back as on 31st August, 2017, had raised the claim for the release of gratuity, leave encashment and other retiral dues, based on the principle laid down by the Hon'ble Apex Court in the judgment of Netram Sahu.

The said matter was also considered by this Court in Writ Petition (S/S) No. 1653 of 2019, Shayam Sunder Singh Vs. State of Uttarakhand and others, whereby, the Writ Petition was allowed and a writ of mandamus was issued to the respondents by the judgment of 14th July, 2020, for granting the retiral benefits.

The petitioner contends that this judgment has been complied with and no Special Appeal has been preferred.

In order to verify the aforesaid stand taken by the learned counsel for the petitioner, the learned Deputy Advocate General, Mr. N.S. Pundir, may complete his instructions and make the necessary statement accordingly on the next date fixed.

IA No. 4 of 2021, filed by the petitioner, along with the rejoinder affidavit to the counter of respondent Nos. 2, 3 and 4 and IA No. 5 of 2021, filed by the petitioner, along with the rejoinder affidavit to the counter of respondent Nos. 5 and 6 respectively, would stand allowed.

The rejoinder affidavits are taken on record. List this Writ Petition in the week commencing 6th December, 2021.

(Sharad Kumar Sharma, J.) Dated 17.11.2021 Shiv