WPSB/467/2021
2021 Latest Caselaw 4110 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                 AT NAINITAL
          THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN

                                         AND

                 THE HON'BLE SRI JUSTICE SANJAYA KUMAR MISHRA

             WRIT PETITION (S/B) NO. 467 OF 2021

                           18TH OCTOBER, 2021

BETWEEN:

Than Singh Rautela                                              .....Petitioner.
And

State of Uttarakhand & another                                  ....Respondents.

Counsel for the Petitioner : Mr. K.K. Harbola.

Counsel for the respondents : Mr. Vikas Pande, learned Brief Holder for the State.

                                                  Mr. D.S. Patni, learned Senior
                                                  Counsel   assisted     by   Mr.   B.S.
                                                  Bisht,    learned      counsel     for
                                                  respondent no.2.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

With the consent of the learned counsel for the

parties, this case is being decided at the admission stage

itself.

2. The petitioner has made the following prayer before

this Court:-

"i. To issue a writ, order or direction in the nature of mandamus commanding the respondents to forthwith release the outstanding retiral benefits to the petitioner, details whereof is given as under:-

A. Gratuity Rs.20,00,000/- (approx.) (sanctioned but not paid) B. Leave Encashment (300 days) Rs.16,69,590/- (sanctioned but not paid) Total: Rs.36,69,590/-

3. Mr. K.K. Harbola, the learned counsel for the

petitioner, and Mr. D.S. Patni, the learned Senior Counsel

appearing for the respondent No.2, are ad idem that the issue

raised before this Court in the present writ petition is squarely

covered by the judgment pronounced by a learned Coordinate

Bench in the case of Virendra Chandra Pant vs. State of

Uttarakhand & others [Writ Petition (S/B) No.211 of 2021

dated 03.09.2021], and by the judgment passed in the case

of Lalita Prasad Tiwari vs. Uttarakhand Payjal

Sansadhan Vikas Evam Nirman Nigam [Writ Petition

(S/B) No.494 of 2015 dated 30.11.2015].

4. In the case of Lalita Prasad Tiwari(supra), the

learned Coordinate Bench has passed the following order:-

"(i) Within a period of two months from today, the

amount of leave encashment be paid to the petitioners.

(ii) Within a period of five months from today, the

amount due by way of commutation of pension be paid

to the petitioners.

(iii) The balance amount due by way of other

benefits be paid to the petitioners within a period of

seven months from today.

(iv) We also direct that, if the Corporation has

moved the Government of Uttarakhand seeking funds for

the payment of the said amounts, the Government of

Uttarakhand will consider the said request in accordance

with law at the earliest".

5. Therefore, the present writ petition is allowed in the

same terms.

(RAGHVENDRA SINGH CHAUHAN, C.J.)

(SANJAYA KUMAR MISHRA, J.) Dated: 18thOctober, 2021 NISHANT