WPSS/1465/2021
2021 Latest Caselaw 4696 UK

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                                     WPSS No.1465 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

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

Mr. Virendra Singh Rawat, Brief Holder, for the State of Uttarakhand/1.

Mr. Bhupendra Singh Bisht, Advocate, for the respondent No.2.

The brief case of the petitioner in the writ petition is that the late husband of the petitioner, who was working as a "Chowkidar", had met with the sad demise on 02.09.2020. Since he died in harness, the son of the petitioner was given an appointment on compassionate ground on 17.02.2021. However, the grievances of the petitioner which remains un-redressed is with regards to the claim of the gratuity to the tune of Rs.14,44,716/-, leave encashment to the tune of Rs.4,58,840/-, the arrears of the 7th Pay Commission to the tune of Rs.92,691/- and the arrears of the ACP i.e. Rs.56, 514/-, totalling to Rs.20,52,760/- only.

The contention of the petitioner is that despite of having represented before the respondent No.2, earlier on several occasions, including the last representation being that of 05.11.2021. The respondents have not paid the admitted dues to the petitioner, which stands sanctioned in favour of the petitioner by the Sanction Letter no.300/C.R. No.819, dated 01.01.2021. In fact, the issuance of the sanction letter itself would amount to be an admission of the liability, by the respondents, which the petitioner would be entitled to receive the financial benefits as the retiral benefits due to be paid towards the services rendered by the late husband of the petitioner. Coupled with the fact that the petitioner has also made a reference to a judgment which has been rendered by the Division Bench of this Court in WPSB No.494 of 2015, dated 30.11.2015, as well as that rendered by this Court in WPSS No.73 of 2019, "Kailash Chandra Naudiyal Vs. State of Uttarakhand & another", wherein, a certain stipulated time frame has been classified by the Division Bench for the purposes of the remittance of the retiral dues, for the different heads of payment.

In that view of the matter, this writ petition too would stands disposed of and the amount as sanctioned by the respondents vide their letter dated 01.01.2021, and claimed by the petitioner in the writ petition would be remitted in accordance with the time schedule provided in paragraph No.5, of the judgment of the Division Bench dated 30.11.2015.

Subject to the aforesaid directions, the writ petition stands disposed of accordingly.

(Sharad Kumar Sharma, J.) 23.11.2021

NR/