Smt. Leela Devi vs State Of Uttarakhand And Others
2021 Latest Caselaw 3416 UK

      HIGH COURT OF UTTARAKHAND AT NAINITAL
                    Writ Petition (S/S) No. 1082 of 2021

Smt. Leela Devi                                              ......... Petitioner


                                      Vs.

State of Uttarakhand and others                    .......... Respondents


Mr. P.S. Bisht, Advocate for the petitioner.
Mr. Pooran Singh Bisht, Additional Chief Standing Counsel for the
State/respondent nos.1 and 2.
Mr. D.S. Patni, Senior Advocate assisted by Mr. Bhupendra Singh Bisht, Advocate
for respondent nos.3 and 4.

                                  JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The instant writ petition has been filed seeking the following reliefs:-

"(i) To issue a writ, order or direction in the nature of mandamus directing the respondents to release the Gratuity amount Rs.12,00,000/- to the petitioner with interest @18% within a stipulated time fixed by this Hon'ble Court.

(ii) To Issue a writ, order of direction in the nature of mandamus commanding the respondents to release the arrears of family pension Rs.2,65,337/- (approx) to the petitioner with interest @ 18%.

(iii) To pass such other orders and direction as this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the present case.

(iv) Allow the writ petition with costs."

2. Heard learned counsel for the parties and perused the record.

3. It is the case of the petitioner that her husband was an employee with the Nagar Palika Parishad, Nainital. During service he

expired on 30.03.2019. But the dues has yet not been paid by the department.

4. On behalf of respondent nos.3 and 4, Mr. D.S. Patni, Senior Advocate appears and submits that the department though admits the claim of the petitioner, but due to financial crunch the department is not in a position to pay the dues immediately. Department needs six months' time to pay the dues.

5. The Court takes on record the statement given by the learned senior counsel on behalf of respondent nos.3 and 4.

6. The writ petition is disposed of with the directions to the respondent nos.3 and 4, to make payment of all admissible retiral dues to the petitioner within a period of four months from today.

(Ravindra Maithani, J.) 02.09.2021 Sanjay