WPSB/662/2022
2022 Latest Caselaw 3911 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
          THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE


              WRIT PETITION (S/B) NO. 662 OF 2022

                         06th DECEMBER, 2022

Between:

Sukhbir Singh                              ......            Petitioner

and


State of Uttarakhand & another             ......           Respondents


Counsel for the petitioner      :   Mr. K.K. Harbola, learned counsel

Counsel for the respondents     :   Mr. B.S. Parihar, learned Standing
                                    Counsel    for    the   State   of
                                    Uttarakhand / respondent No. 1

                                :   Mr. Bhupendra Singh Bisht, learned
                                    counsel for respondent No. 2


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


              Issue notice.


              Notice     is   accepted     on      behalf     of    the

respondents by the learned counsels.


2)            The limited grievance of the petitioner is with

regard to non-release of the petitioner's retiral dues

which are claimed to be as follows:-


         A.   Gratuity                          Rs.20,00,000/- (approx)

                                                (sanctioned but not paid)
                                 2



       B.    Leave Encashment (300 days)      Rs.19,83,340/- (approx)

                                              (sanctioned but not paid)

       C.    Remaining dues of third A.C.P.   Rs.1,11,285/- (approx)

                                              (sanctioned but not paid)

       D.    Dearness Allowances              Rs.18,168/- (approx)

                                              (sanctioned but not paid)

       E.    Arrears of 7th Pay Commission    Rs.1,98,222/- (approx)

                                              (sanctioned but not paid)

             Total Amount                     Rs.43,11,015 (approx)




3)          Mr. Bhupendra Singh Bisht, learned counsel for

respondent No. 2 states that due to paucity of fund, the

respondent has not been able to make payment to him.

That cannot be cited as a reason to deny the retired

employee his dues.


4)          We, therefore, dispose of the present petition

with direction to the respondent to release the gratuity

amount      of   the   petitioner   within    one    month,     leave

encashment within five months and arrears of 7th pay

Commission within six months.



                                              ________________
                                              VIPIN SANGHI, C.J.


                                                    ___________
                                                    R.C. KHULBE, J.

Dt: 06th DECEMBER, 2022 Negi