WPSS/493/2022
2022 Latest Caselaw 970 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
       ON THE 29TH DAY OF MARCH, 2022
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (S/S) No. 493 of 2022

BETWEEN:

Kevala Nand Joshi.                         ..........Petitioner
     (By Mr. K.K. Joshi, Advocate)

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


                       JUDGMENT

Petitioner was serving as Driver in Uttarakhand Transport Corporation, who retired on 31.12.2020. Since his retiral dues have not been paid so far, therefore, he has approached this Court seeking the following reliefs:

"(a). Issue a Direction or Writ in the nature of Mandamus thereby directing the respondent to pay Gratuity amount of Rs. 10,25,325/-. Leave Encashment amount of Rs. 5,73,300/-, overtime amount of Rs. 1,65,021, medical claim of Rs. 15,895/-, arrears of increased pay Rs. 4,173 and arrears of assured career progression/ACP Rs. 1,701/- total amounting to Rs. 17,85,451/- (Seventeen lakh, Eighty Five Thousand, Four Hundred and Fifty One Rupees)

(b) Pass an order for payment of adequate interest on the amount of gratuity and leave encashment as has been order by this Hon'ble Court in WP(S/B) No. 413/2021 and WP(S/S) No. 703/2021."

2. Petitioner has enclosed reply given under Right to Information Act regarding his retiral dues, as

Annexure-2 to the writ petition. Perusal of the same reveals that a sum of `10,25,325/- is payable to him as Gratuity; a sum of `5,73,300/- is payable to him as Leave Encashment and further a sum of `15,895/- is payable to him as Medical Reimbursement. A letter dated 24.11.2021, issued by Assistant General Manager, Uttarakhand Transport Corporation, Kathgodam has also been brought on record, which reveals that a sum of `4,173/- is due to the petitioner as arrears of pay revision and further a sum of `1,701/- is payable to him as arrears of ACP.

3. Mr. Lalit Samant, learned counsel appearing for the respondents while admits liability of the Corporation to pay retiral dues to petitioner, however, he submits that he cannot make any statement regarding quantum of monetary dues. He further submits that due to financial constraint, the amount due to the petitioner could not be paid to him. He, however, assures the Court that all outstanding dues would be cleared, within three months.

4. Having regard to the submission made by learned counsel for the respondents, the writ petition is disposed of by directing respondent no. 1 to ensure that all outstanding dues of the petitioner, including gratuity and leave encashment, are paid to the petitioner as early as possible; but, not later than three months from today. Petitioner shall be entitled to interest @ 5% per annum on the delayed payment of gratuity.

(MANOJ KUMAR TIWARI, J.) Navin