WPSB/143/2022
2022 Latest Caselaw 957 UK

     IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
        ON THE 28TH DAY OF MARCH, 2022
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
                                   AND
           HON'BLE SHRI JUSTICE R.C. KHULBE

            Writ Petition (S/B) No.143 of 2022

BETWEEN:

Suresh Pal                                            ....Petitioner
      (By Mr. Bhagwat Mehra, Advocate)



AND:

Uttarakhand Payjal Sansadhan
Vikas Evem Nirman Nigam
and another                                        ...Respondents
      (By Mr. D.S. Patni, Senior Advocate assisted by Mr. Bhupendra Singh
      Bisht, Advocate for respondent no.1. and Mr. B.P.S Mer, Brief Holder
      for the State)


             This Writ Petition coming on for hearing this day,
      Hon'ble Shri Justice Manoj Kumar Tiwari, J. delivered the
      following Judgment:-


                         JUDGEMENT

Petitioner was an employee of Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam, who retired from the post of Superintending Engineer.

2. Since retiral dues have not been paid to the petitioner so far, therefore, he has approached this Court seeking the following relief:-

(i) To issue a writ order or direction in the nature of mandamus commanding the

Respondent No. 1 to forthwith release the outstanding retiral benefits to the petitioner, details whereof is given as under:- A. Gratuity - Rs.20,00,000/-

(sanctioned but not paid) B. Leave Encashment (300 days) - Rs.17,19,900/-

(sanctioned but not paid) th C. Arrears of 7 Pay Commission (w.e.f.

01-01-2017 to 30-09-2017) - Rs. 1,53,540/-

(sanctioned but not paid) th D. Arrears of 7 Pay Commission - Rs. 1,98,222/-

(sanctioned but not paid) _______________ Total- Rs.40,71,662/-

3. Mr. D.S. Patni, Senior Advocate for respondent no.1 does not dispute the liability of the Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam to pay retiral dues to the petitioner.

However he disputes the amount as claimed by petitioner. He further submits that due to financial constraint, the post retiral dues could not be released to petitioner so far and he assures that all pending dues would be released to him as early as possible.

4. Having regard to the admission made by Mr. D.S. Patni, Senior Advocate on behalf of respondent no.1, the writ petition is disposed of with the following directions:-

1. The amount of leave encashment and arrears of 7th Pay Commission shall be released to the petitioner, positively within five months from date of production of certified copy

of this order before the Managing Director.

2. The amount of gratuity and other dues, if any, shall be released to the petitioner within seven months from the date of production of certified copy of this order before the Managing Director.

5. In sequel thereto, all pending applications also stand disposed of.

6. Urgent copy of this order be supplied to the learned counsel for the parties, as per Rules.

(MANOJ KUMAR TIWARI, J.)

(R.C. KHULBE, J.) Shubham