WPSB/211/2021
2021 Latest Caselaw 3444 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
      ON THE 3RD DAY OF SEPTEMBER, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
                                   AND
     HON'BLE SHRI JUSTICE ALOK KUMAR VERMA

          Writ Petition (S/B) No. 211 of 2021

BETWEEN:
Virendra Chandra Pant.                                ....Petitioner
      (By Mr. K.K. Harbola, Advocate)


AND:
State of Uttarakhand & another.                      ...Respondent
      (By Mr. K.N. Joshi, Deputy Advocate General for the State/respondent
      no. 1 & Mr. D.S. Patni, Senior Advocate, assisted by Mr. Bhupendra
      Singh Bisht, Advocate for respondent no. 2)

             This Writ Petition coming on for hearing this day,
      Hon'ble Shri Justice Manoj Kumar Tiwari, J. delivered the
      following Judgment:


                          JUDGEMENT

Petitioner was an employee of Uttarakhand Payjal Nigam (respondent no. 2) and retired from the post of Chief Administrative Officer on 31.10.2020.

2. According to the petitioner, the amount payable to him as Leave Encashment & Gratuity has not been paid to him so far, although, it was sanctioned vide order dated 13.02.2021. Regarding other admissible dues, Mr. K.K. Harbola, learned counsel for the petitioner fairly submits that other dues have been paid to him.

3. Mr. D.S. Patni, learned Senior Counsel appearing for Uttarakhand Payjal Nigam though admits that Leave Encashment and Gratuity are payable to the petitioner and necessary sanction for release of the dues has also been given by the Competent Authority, however, according to him, in view of the financial crises being faced by Payjal Nigam, it is not possible to immediately release the pending dues to the petitioner. He, however, assures the Court that all the dues of the petitioner would be cleared within four months.

4. In view of the assurance given by Mr. D.S. Patni on behalf of respondent no. 2, the Writ Petition is disposed of with the following directions:-

          I.    The    amount      payable       as    Leave
          Encashment      shall     be    paid        to    the
          petitioner   within     three   months           from
          today.

II. The amount of Gratuity shall be paid to the petitioner within four months from today.

III. In case of any further delay on the part of respondent no. 2 in clearing the dues, the amount shall carry interest at the rate of 8% per month.

(MANOJ KUMAR TIWARI, J.)

(ALOK KUMAR VERMA, J.) Navin