WPSB/283/2022
2022 Latest Caselaw 1687 UK

       IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL

       THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
                                 AND
                JUSTICE SHRI RAMESH CHANDRA KHULBE


              WRIT PETITION (S/B) NO. 283 OF 2022

                               6th JUNE, 2022

 Between:

 Kanta Prasad                                    ......            Petitioner


 And

 State of Uttarakhand & others                   ......         Respondents


Counsel for the petitioner           :   Mr. Shubhang       Dobhal,    learned
                                         counsel

Counsel for the respondents          :   Mr. J.C. Pandey, learned Standing
                                         Counsel    for   the   State   of
                                         Uttarakhand

                                     :   Mr. D.S. Patni, learned Senior
                                         Counsel assisted by Mr. Bhupendra
                                         Singh Bisht, learned counsel for
                                         respondent Nos. 2 & 3



 Upon hearing the learned Counsel, the Court made
 the following


 JUDGMENT:       (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)



              Heard the learned counsel for the parties.


 2)           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




3)             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.


4)             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 Peyjal Sansadhan

Vikas Evam Nirman Nigam, as follows:-


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

               amount of gratuity shall be paid to the petitioner.


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

               amount of leave encashment shall be paid to the

               petitioner.


5)             Urgent certified copy of this order be supplied to

the parties, as per Rules.


                              ___________________________
                             SANJAYA KUMAR MISHRA, A.C.J.


                                ______________________
                                RAMESH CHANDRA KHULBE, J.

Dated: 6th JUNE, 2022 Negi