WPSS/316/2022
2022 Latest Caselaw 409 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
      ON THE 24TH DAY OF FEBRUARY, 2022
                   BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (S/S) No. 316 of 2022

BETWEEN:
Babu Ram                               ... Petitioner
      (Ms. Neetu Singh, Advocate)

AND:
State of Uttarakhand & others          ... Respondents
      (Mr. V.S. Rawat, learned Brief Holder for the State of
      Uttarakhand & Mr. Lalit Samant, learned counsel for
      respondent nos. 2 to 4)

                        JUDGMENT

1. Petitioner was appointed in erstwhile U.P. State Road Transport Corporation and after State re- organisation, he retired from Uttarakhand Transport Corporation from the post of Assistant Traffic Inspector w.e.f. 31.05.2020. Since petitioner has not been paid retiral dues, therefore, he has approached this Court.

2. In para seven of the writ petition, it is stated that petitioner is entitled to Gratuity amounting to ₹10,58,400/- and Leave Encashment amounting to ₹5,73,300/-. He has also asserted that certain amount is payable to the petitioner as Overtime. Thus, according to the petitioner, total amount payable to him is ₹16,54,745/-.

3. Mr. Lalit Samant, learned counsel appearing for Uttarakhand Transport Corporation, on instruction, submits that although petitioner is entitled to Gratuity and Leave Encashment, however, he submits that on

account of financial constraints, presently being faced by Uttarakhand Transport Corporation, it is not possible to immediately release all the pending dues to the petitioner. He, however, assures the Court that the outstanding dues of the petitioner would be paid to him, within four months.

4. Having regard to the facts and circumstances of the case and also in view of the admission made by learned counsel for the Uttarakhand Transport Corporation regarding liability, the writ petition is disposed of with the following direction:-

i) Out of the amount payable as Leave Encashment to the petitioner, a sum of ₹2.00 lakh shall be paid to the petitioner, within six weeks. The remaining amount of Leave Encashment shall be paid to him on or before 31.05.2022.

ii) The amount of Gratuity shall be paid to the petitioner on or before 30.06.2022.

iii) The amount of Overtime, if found payable, shall also be paid to the petitioner on or before 30.06.2022.

(MANOJ KUMAR TIWARI, J.) Aswal