WPSS/416/2022
2022 Latest Caselaw 762 UK

     IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
          ON THE 14TH DAY OF MARCH, 2022
                                BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

          Writ Petition (S/S) No. 416 of 2022
BETWEEN:
Sri Devi Datt Tiwari                                             ...Petitioner
        (By Mr. Rahul Adhikari, Advocate holding brief of Mr. Ganesh Kandpal,
        Advocate)

AND:

State of Uttarakhand and Others                          ...Respondents
        (By Ms. Indu Sharma, Brief Holder for the State/respondent no.1 and
        Mr. B.S. Bisht, Advocate for respondent nos. 2 and 3.)


                             JUDGMENT

Petitioner retired from the post of Work Agent, on 31.08.2020 after rendering more than 31 years of service in Uttarakhand Jal Sansthan. Grievance of the petitioner is that the amount due to him as gratuity, leave encashment and arrears of salary between 01.01.2016 and 31.12.2016 has not been paid.

2. By means of this writ petition, petitioner has sought the following reliefs:-

I. A writ, order or direction in the nature of mandamus directing the respondents to release the entire amount of leave encashment of Rs.446291.00 & gratuity of Rs.788697.00 to the petitioner with 12 % of interest.

II. A writ, order or direction in the nature of mandamus directing the respondents to release the arrear of 7th pay commission between the period 1-1-2016 to 31-12- 2016 i.e. Rs.71689.00 to the petitioner. III. A writ, order or direction in the nature of mandamus, which the Hon'ble court may deem fit and proper on the basis of the facts and circumstances of the case."

3. Mr. B.S. Bisht, Advocate appearing for respondent nos. 2 and 3 submits that due to financial constraints, the monetary dues of the petitioner could not be released. He assures the Court that all the monetary dues of the petitioner would be paid to him as soon as funds are received from the State Government. He referred to an order passed by Division Bench of this Court in WPSB No. 494 of 2015, whereby time frame was fixed for payment of retiral dues.

4. Having regard to the facts and circumstances of the case, writ petition is disposed of with following direction:-

1. Amount of leave encashment shall be paid to petitioner within two months.

2. Gratuity and other dues shall be paid to petitioners within three months, from the date of presentation of copy of this order.

(MANOJ KUMAR TIWARI, J.) Shubham