WPSS/448/2022
2022 Latest Caselaw 858 UK

 IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
        ON THE 22ND DAY OF MARCH, 2022
                                 BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Writ Petition (S/S) No. 448 of 2022


BETWEEN:
Bahadur Singh.                                        .......Petitioner
     (By Mr. K.K. Harbola, Advocate)




AND:
State of Uttarakhand & another.                            ...Respondents
     (By Mr. V.S. Rawat, Standing Counsel for the State/respondent no. 1
     and Mr. Bhupendra Singh Bisht, Advocate for respondent no. 2)



                            JUDGMENT

Heard learned counsel for the parties.

2. Petitioner was a class IV employee in Uttarakhand Pey Jal Sansadhan Vikas Evam Nirman Nigam, who retired from service on 30.06.2019. The relief sought in the writ petition is as follows:-

"i) To issue a writ order or direction in the nature of Mandamus commanding the Respondents to forthwith release the outstanding retiral benefits to the petitioner, details whereof is given herein below:-

A. Leave Encashment (300 days)= Rs. 4,08,750/- (approx.) (sanctioned but not paid) Total Amount = Rs. 4,08,750/- (approx)

3. Mr. Bhupendra Singh Bisht, learned counsel appearing for respondent no. 2 while admits the liability to pay the amount of leave encashment to petitioner, however, submits that due to financial constraints, the

amount due to the petitioner could not be released. He assures the Court that the amount due to the petitioner shall be paid to him, within three months.

4. Accordingly, writ petition is disposed of by taking the statement made by learned counsel appearing for respondent no. 2 on record.

(MANOJ KUMAR TIWARI, J.) Navin