WPSB/121/2022
2022 Latest Caselaw 749 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL

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

14TH MARCH, 2022

WRIT PETITION (S/B) No. 121 OF 2022

Between:

Sri Shailesh Chand Ramola.

...Petitioner and

State of Uttarakhand and others.

...Respondents

Counsel for the petitioner. : Mr. Ganesh Kandpal, the learned counsel.

Counsel for the respondent no. 1. : Mr. K.N. Joshi, the learned Deputy Advocate General for the State of Uttarakhand.

Counsel for the respondent nos. 2 : Mr. D.S. Patni, the learned Senior and 3. Counsel assisted by Mr. B.S. Bisht, the learned counsel.

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 leave encashment, gratuity, arrears of

7th pay commission and other benefits.

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 nos. 2 and 3, 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.

(ii) Within a period of seven months from today,

the amount due by way of arrears of 7th pay

commission shall be paid to the petitioner.

4. In sequel thereto, all pending applications also

stand disposed of.

5. Urgent copy of this order be supplied to the

learned counsel for the parties, as per Rules.

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

_____________ R.C. KHULBE, J.

Dt: 14th March, 2022 Rahul