WPSS/521/2022
2022 Latest Caselaw 1027 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
       ON THE 31THDAY OF MARCH, 2022
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION(S/S) No. 521 of 2022

BETWEEN:

Ramesh Chandra Pandey                  ... Petitioner
     (By Mr. Kishore Kumar, Advocate holding brief of Mr.
     N.K. Papnoi, Advocate)

AND:
Uttarakhand    Transport      Corporation, Dehradun       &
others                                 ... Respondents
     (By Mr. Lalit Samant, Advocate)


                       JUDGMENT

Petitioner was serving as Driver in Uttarakhand Transport Corporation, who retired on 31.04.2021. Since his retiral dues have not been paid so far, therefore, he has approached this Court seeking the following reliefs:

"(i) Issue writ rule or direction in the nature of mandamus thereby directing to the respondents to release the amount of gratuity Rs. 8,28,630/- (Rupees Eight Lakh Twenty Eight Thousand Six Hundred Thirty) of the petitioner, Leave encashment and arrears of 6th and 7th pay commission along with interest admissible to him after calling the entire record from the reports and or in alternate pass any appropriate orders keeping in view of the facts highlighted the body of the petition or mold the relief appropriately.

(ii) Issue a writ rule or direction in the nature of prohibition by prohibiting the respondents from making any recovery from the retiral dues of the petitioner or in alternate pass any

appropriate order keeping in view the facts highlighted in the body of the petition."

2. Mr. Lalit Samant, learned counsel appearing for the respondents while admits liability of the Corporation to pay retiral dues to petitioner, however, he submits that he cannot make any statement regarding quantum of monetary dues. He further submits that due to financial constraint, the amount due to the petitioner could not be paid to him. He, however, assures the Court that all outstanding dues would be cleared, within three months.

3. Having regard to the submission made by learned counsel for the respondents, the writ petition is disposed of by directing respondent no. 1 to ensure that all outstanding dues of the petitioner, including gratuity and leave encashment, are paid to the petitioner as early as possible; but, not later than three months from today. Petitioner shall be entitled to simple interest @ 5% per annum on the delayed payment of gratuity. The other dues, if any, payable to the petitioner shall also be released to him within three months.

(MANOJ KUMAR TIWARI, J.) Aswal