Vipin Chandra Pande vs Kumaon Mandal Vikas Nigam
2021 Latest Caselaw 3808 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                  Writ Petition (S/S) No. 1186 of 2021

Vipin Chandra Pande                                           ....... Petitioner
                                      Vs.

Kumaon Mandal Vikas Nigam
Ltd. Nainital                                               ......Respondents


Present:
Mr. Akshay Pradhan, Advocate for the petitioner.
Mr. Sandeep Kothari, Advocate for the respondents.



                               JUDGMENT

Ravindra Maithani, J. (Oral)

Petitioner seeks the following reliefs;

"(i) To issue writ, order or direction in the nature of Mandamus

commanding the Respondents to release the arrears/enhanced

pension (enhanced as per the recommendation of VI Pay

Commission) of the Petitioner with interest thereon.

(ii) To give any other relief that this Hon'ble Court deems fit

and proper in the circumstances of the case."

2. Heard learned counsel for the parties and perused the

record.

3. It is the case of the petitioner that having served the

respondent Corporation for more than three decades, he retired in the

year 2017, but, all of his dues have yet not been paid. Enhanced

pension with arrears is still to be paid.

4. At the very outset, the Court wanted to know from

learned counsel for the petitioner that as to why the matter should be

entertained in view of existence of State Public Services Tribunal,

constituted under the U.P. Public Services (Tribunal) Act, 1976.

5. Learned counsel for the petitioner would submit that

petitioner has a rightful claim, which is admitted to the respondents,

but, they are not paying it. Learned counsel for the petitioner admits

that petitioner is a government servant as defined under Section 2 of

the U.P. Public Services (Tribunal) Act, 1976.

6. Learned counsel for the respondents would submit that

the respondents admit the claim of the petitioner, but, it is argued that

the respondent Corporation is short of funds and is passing through

financially crisis. Therefore, in the year 2019, a decision was taken that

such dues shall be paid in eight instalments. Learned counsel for the

respondents seeks time to make the payment. He would also submit

that if any time duration is fixed, it might adversely affect the other

retired personnel of the Corporation, who had retired prior to

retirement of the petitioner.

7. The respondent has admitted the claim, therefore, the

petition may be disposed of in view of the admission made by the

respondent.

8. The writ petition is disposed of with a direction to the

respondents to make the payment of admissible dues to the petitioner,

as expeditiously as possible. The first two instalments now to be

payable shall be paid not beyond 90 days from today.

(Ravindra Maithani, J.) 22.09.2021 Ujjwal