WPSS/375/2022
2022 Latest Caselaw 668 UK

Citation : 2022 Latest Caselaw 668 UK
Judgement Date : 9 March, 2022

Uttarakhand High Court

WPSS/375/2022 on 9 March, 2022

 IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
         ON THE 9TH DAY OF MARCH, 2022
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

        Writ Petition (S/S) No. 375 of 2022


BETWEEN:
Sri Amba Datt Pancholi.                              ...Petitioner
     (By Mr. Rahul Adhikari, Advocate, holding brief of Mr. Ganesh Kandpal,
     Advocate)


AND:
Managing Director, Uttarakhand Transport
Corporation & others.                             ...Respondents
     (By Mr. Ashish Joshi, Advocate)



                           JUDGMENT

Heard learned counsel for the parties.

2. Petitioner served as driver in Uttarakhand Transport Corporation and retired from service, on 31.08.2020.

3. Since retiral benefits have not been released to petitioner, therefore, he has approached this Court, seeking following relief:

"I. a writ, order or direction in the nature of mandamus directing the respondents to release the entire amount of leave encashment of Rs. 608400.00 and gratuity amount of Rs. 11,93,400.00 to the petitioner with 12% interest.

4. Mr. Ashish Joshi, learned counsel appearing for respondents was granted time to get instructions. Today, on instructions, he submits that Uttarakhand Transport Corporation is reeling under financial crisis,

consequently due retiral benefits could not be released to petitioner so far. He assures the Court that the amount of gratuity and leave encashment would be released to petitioner within a reasonable time.

5. In such view of the matter, writ petition is disposed of with the following directions:-

I. Respondent no. 1 shall ensure that the amount payable as leave encashment is paid to petitioner, within six weeks from today.

II. The amount of gratuity shall be paid to petitioner, within ten weeks from today.

6. It is made clear that in case payment is not made within time as stipulated above, petitioner shall also be entitled to simple interest at the rate of 5% per annum, on such delayed payment.

(MANOJ KUMAR TIWARI, J.) Navin