WPSB/238/2022
2022 Latest Caselaw 1684 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

                      SRI JUSTICE S.K. MISHRA, A.C.J.
                                  AND
                       SRI JUSTICE R.C. KHULBE, J.

6TH JUNE, 2022

WRIT PETITION (S/B) No. 238 OF 2022

Between:

Thakur Dutt Gosain ...Petitioner and

State of Uttarakhand and others.

...Respondents

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

Counsel for the respondents : Mr. Vikas Pandey, learned Standing Counsel for the State of Uttarakhand. Mr. D.S. Patni, learned Senior Counsel assisted by Mr. Bhupendra Bisht, learned counsel for respondent No. 2.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri S.K. Mishra, A.C.J.)

The petitioner is a retired employee of the

respondent-Corporation. His complaint is that the

retirement benefits due to him have not been paid. The

benefits include gratuity and leave encashment.

2. Mr. D.S. Patni, the learned Senior counsel for

the respondent-Corporation, does not actually dispute the

liability. However, the learned Senior Counsel does not, of course, agree to the exact amount due. His main

contention is paucity of funds.

3. The petitioner is a retired employee and we feel

that it will be unfair to deprive him of his retiral benefits.

Therefore, we dispose of the writ petition by directing the

respondent No. 2, i.e. the Uttarakhand Pey Jal Sansadhan

Vikas Evam Nirman Nigam, as follows:-

(i) Within a period of two months from today, the

amount of gratuity shall be paid to the petitioner.

(ii) Within a period of five months from today, the

amount of leave encashment shall be paid to the

petitioner.

4. Urgent certified copy of this order be issued to

the parties, as per Rules.

________________ S.K. MISHRA, A.C.J.

____________ R.C. KHULBE, J.

Dt: 6th June, 2022 Rathour