WPSS/487/2022
2022 Latest Caselaw 1111 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
         ON THE 5TH DAY OF APRIL, 2022
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (S/S) No. 487 of 2022

BETWEEN:

Girish Chandra                          ... Petitioner
     (By Mr. K.K. Joshi, Advocate)

AND:
Managing Director, Uttarakhand
Transport Corporation & others          ... Respondents
     (By Mr. Lalit Samant, Advocate)


                       JUDGMENT

1. Petitioner was serving as Driver in Uttarakhand Transport Corporation, who retired on 31.07.2021. Since his retiral dues have not been paid so far, therefore, he has approached this Court seeking the following reliefs:

"(i) Issue a Direction or Writ in the nature of Mandamus thereby directing the respondent to pay Gratuity amounting to Rs. 7,22,500/- and Leave Encashment amount of Rs. 5,00,760/-, total amounting to Rs. 12,23,010/- (Twelve Lakh, Twenty-Three Thousand and Ten Rupees).

(ii) Pass an order for payment of adequate interest on the amount of gratuity and leave encashment as has been ordered by this Hon'ble Court in WP (S/B) No. 413 of 2021."

2. learned counsel for the petitioner has referred to the documents enclosed as Annexure No. 1 and Annexure No. 2 to the writ petition. Perusal of

the same reveals that Corporation has admitted its liability to pay Gratuity and Leave Encashment.

3. Mr. Lalit Samant, learned counsel appearing for the respondents while admits liability of the Corporation to pay retiral dues to petitioner, however, submits that he cannot make any statement regarding quantum of monetary dues. He further submits that due to financial constraint, the amount due to the petitioner could not be paid to him. He, however, assures the Court that all outstanding dues would be cleared, within time stipulated by this Court.

4. Having regard to the submission made by learned counsel for the respondents, the writ petition is disposed of by directing respondent no. 1 to release and pay the amount of Gratuity to the petitioner, positively within three months from the date of production of certified copy of this order. The amount of Leave Encashment and other dues, if any, shall be paid to petitioner positively within four months from the date of receipt of certified copy of this order. It is made clear that petitioner shall also be entitled to interest in terms of provision contained in Payment of Gratuity Act, 1972.

(MANOJ KUMAR TIWARI, J.) Aswal