WPSS/45/2022
2022 Latest Caselaw 78 UK

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                                     WPSS No. 45 of 2022
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. I.D. Paliwal, Advocate for the petitioner.

Mr. Lalit Samant, Advocate for respondent nos.3 & 4.

Brief facts of the case are that the petitioner who was duly appointed in the respondent department way back in 1989, and ever since then he had worked with him till his promotion was granted on the post of Clerk. The grievance raised by the petitioner is, that despite his services having been regularized by the respondents w.e.f. 30.01.1993, and after grant of the promotion, benefits to him w.e.f. 24.05.2014, despite of having attained the age of superannuation in 2021, the gratuity to the amount of Rs. 10,58,400, which was already sanctioned by the respondents vide their letter dated 07.10.2021, but still the amount has not yet been remitted to the petitioner, and hence the present writ petition.

It is argued by learned counsel for the petitioner, that the issue stands covered by the judgement laid down by the Coordinate Bench of this Court in Writ Petition No. 63 of 2021, Govind Ballabh Pathak vs. State of Uttarkhand and Others, as well as the judgement of this Court rendered in Writ Petition No. 1486 of 2021, as decided on 25.11.2021.

Since there is no dispute pertaining to the entitlement of the petitioner for the grant of gratuity amount, as well as the leave encashment, which has been sanctioned by the respondents on 07.10.2021, this writ petition would stands disposed of in terms of the judgment dated 25.11.2021, and the respondents will ensure to remit the amount of gratuity alongwith the statutory interest payable under Section 7 (3A) of the Payment of Gratuity Act, within a period of two months from the date of production of certified copy of this order, along with the amount of leave encashment.

Subject to the above observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 10.01.2022

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