Uttarakhand High Court
WPSS/1467/2021 on 23 November, 2021
Office Notes,
reports, orders or
proceedings or
SL. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
WPSS No.1467 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. Narendra Bali, Advocate, for the
petitioner.
Mr. Sachin Mohan Singh Mehta, Brief
Holder, for the State of Uttarakhand/respondent
Nos.1, 2, 4 and 5.
Mr. Gopal K Verma, Additional CSC, for
the State of Uttar Prades/respondent Nos. 6 and
Mr. Rajesh Sharma, Advocate, for the
respondent No.3.
The brief facts of the case are that the
petitioner, who was initially appointed, as a
Compounder at Government Homoeopathic
Hospital, Chharba Block Sahaspur, District
Dehradun, as back as on 29.01.1985. After
having satisfactorily rendered his services, has
attained the age of superannuation on
30.04.2020.
The petitioner contends, that during his
service tenure, he was holder of a GPF Account
bearing No.MEDU34560, and as against which
on his attainment of age of superannuation, he
was entitled to receive a total amount of GPF,
which he had determined in the writ petition, as
to be payable i.e. Rs.13,61,194/-.
The grievance of the petitioner is that the
major part of the amount of GPF thus
determined has already been remitted to the
petitioner except the disputed amount of
Rs.4,33,596/- , which the petitioner contends,
that it has been illegally and wrongfully
withheld by the respondent, in view of the
certain lack of information, which was required
to be submitted by the office of the respondent
situated at Bulandshahar, Uttar Pradesh, where
initially the petitioner was working prior to his
allocation to the State of Uttarakhand.
In the absence of there being a remittance
of an amount, though there had been a
correspondence made by the Director on
29.04.2021, to the District Homoeopathic
Medical Officer, Bulandshahar, Uttar Pradesh,
but despite since then no action has been taken.
Hence, the petitioner issued a legal notice to the
respondent on 17.07.2021, for the remittance of
the balance amount, but in response to it, no
action has yet been taken. Hence, the writ
petition before this Court.
It goes without saying that the remittance
of the retiral benefits to a retired employee, in
fact is a right which the petitioner acquires and
is guaranteed on the attainment of the age of
superannuation and that is to be reasonably
remitted within a certain stipulated time framed
and the retired employee cannot be subjected to
be harassed to run from one office to another
for the purposes of claiming his dues, which he
is otherwise entitled to receive in accordance
with law.
In that eventuality, the embargo which
has been created by the respondent authorities
of the State of Uttarakhand which is based on
the ground of lack of information from the
authorities of the Bulandshahar, Uttar Pradesh,
where the petitioner was initially worked, in
fact, fulfilment of the procedural and codel
formalities is not the responsibility to be
satisfied by the petitioner.
In that eventuality, the respondent No.2,
is hereby directed to complete all the codal
formalities, to ensure for the remittance of the
balance amount of the GPF amount, as claimed
by the petitioner in the writ petition, within a
period of two months from the date of the
production of a certified copy of this judgment,
and would also ensure to remit the balance
amount, which is alleged to be due to be paid to
the petitioner in accordance with law, within
the aforesaid period.
Subject to the above observations, the
writ petition stands disposed of accordingly.
(Sharad Kumar Sharma, J.)
23.11.2021
NR/
