WPSB/687/2022
2022 Latest Caselaw 4106 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
           HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                              AND
                 HON'BLE SRI JUSTICE R.C. KHULBE

                         21ST DECEMBER, 2022
          WRIT PETITION (S/B) No. 687 OF 2022

Between:

Bhupesh Kumar Rai.
                                                                 ...Petitioner

and

State of Uttarakhand and others.
                                                            ...Respondents

Counsel for the petitioner.         :   Mr. Davesh    Bishnoi,   the   learned
                                        counsel.

Counsel for respondent no. 1.       :   Mr. Pradeep Joshi, the learned
                                        Additional Chief Standing Counsel for
                                        the State of Uttarakhand.

Counsel for respondent nos. 2 and   :   Mr. T.A. Khan, the learned Senior
3.                                      Counsel assisted by Ms. Sadaf, the
                                        learned counsel.

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              Issue notice.


2.            Mr. Pradeep Joshi, the learned Additional Chief

Standing Counsel for the State of Uttarakhand, appears

and accepts notice on behalf of respondent no. 1. Mr. T.A.

Khan, the learned Senior Counsel assisted by Ms. Sadaf,

the learned counsel, appears and accepts notice on behalf

of respondent nos. 2 and 3.
 3.         The grievance raised by the petitioner, in the

present Writ Petition, is with regard to his claim for arrears

in   difference   of   pay   for       the   period   01.01.2016   to

31.08.2021, on account of the petitioner not being given

the benefit of the 7th Pay Commission.                The petitioner

seeks consequential relief that the employer's contribution

to the Provident Fund be made on the basis of the

enhanced pay for the period 01.01.2016 to 31.08.2021.

The petitioner also seeks arrears, along with interest @

12% per annum.


4.         The submission of Mr. Khan, the learned Senior

Counsel for respondent nos. 2 and 3, is that respondent

nos. 2 and 3 could not make payment to the petitioner

due to financial stringency.


5.         In other similar cases, we have allowed the

claim, and granted time of six months to the respondents

to make payment of arrears due to the employee.


6.         We, accordingly, allow the present Writ Petition,

and direct the respondents to pay to the petitioner the

arrears due to him, on account of the petitioner not being

given the benefit of the 7th Pay Commission, for the period

01.01.2016 to 31.08.2021, within six months from today.


                                   2
 7.        In case, the same is not paid within the said

period, the petitioner shall be entitled to receive interest

on the same @ 6% per annum. The respondents should

also examine the second relief sought by the petitioner, as

aforesaid, and take necessary steps in that regard within

six weeks.


8.        The Writ Petition stands disposed of in the

aforesaid terms.


9.        Consequently, pending applications, if any, also

stand disposed of.


                                     ________________
                                      VIPIN SANGHI, C.J.


                                         _____________
                                          R.C. KHULBE, J.

Dt: 21st December, 2022 Rahul