Citation : 2021 Latest Caselaw 4797 UK
Judgement Date : 29 November, 2021
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No.547 (S/B) of 2021
Ajay Pal Singh ...............Petitioner
Versus
State of Uttarakhand & Ors. ......Respondents
Present:
Smt. Rangoli Purohit, Advocate for the petitioner.
Shri Vikas Pandey, Standing Counsel for the State.
Shri D.S. Patni, Sr. Advocate assisted by Shri Bhupendra Singh Bisht, Advocate for
respondent nos.2 and 3.
Shri S.K. Mishra, J.
Shri N.S. Dhanik, J.
Date of hearing and judgment: 29.11.2021
Petitioner retired from the post of Assistant Engineer in Uttarakhand Peyjal Sansadhan Vikas Evam Nirman Nigam, on 31.12.2019. Grievance of the petitioner is that although, pension has been released to him, however, the dues payable to him as gratuity, leave encashment and arrears of 7th Pay Commission of the year 2017, are not being released.
2. Mr. D.S. Patni, Sr. Advocate for respondent nos. 2 and 3, while admits that certain dues of the petitioner could not be paid to him, due to financial constraints faced by Uttarakhand Peyjal Sansadhan Vikas Evam Nirman Nigam, however, he assures the Court that as and when financial position 2 of Uttarakhand Peyjal Sansadhan Vikas Evam Nirman Nigam improves, petitioner's dues would be cleared.
3. In view of admission made by Mr. D.S. Patni, Sr. Advocate, the writ petition is disposed of with a direction to respondent no.2 to clear all the dues of the petitioner, including gratuity, leave encashment and arrears of 7th Pay Commission, as early as possible, but
not later than four months from the date of production of certified copy of the order.
4. The learned counsel for the petitioner undertakes that the petitioner shall produce his certified copy of this order along with the copy of the brief before the respondent no.2 within a period of 15 days.
(N.S. Dhanik, J.) (S.K. Mishra, J.)
29.11.2021
Ravi
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