WPSS/488/2022
2022 Latest Caselaw 975 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. 488 of 2022

BETWEEN:

Om Prakash Singh.                           ..........Petitioner
       (By Mr. M.C. Bhatt, Advocate, holding brief of Mr. K.K.
       Joshi, Advocate)

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


                          JUDGMENT

Petitioner retired from the post of Driver from Uttarakhand Transport Corporation on 30.11.2020. Since retiral dues have not been paid to the petitioner 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/- and Leave Encashment amount of Rs. 5,44,635/- total amounting to Rs. 15,69,960/- (Fifteen Lakh, Sixty Nine Thousand, Nine Hundred and Sixty 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. Learned counsel for the petitioner has drawn attention of this Court to a document, which is enclosed as Annexure No. 2 to the writ petition. Perusal of the said document reveals that Public Information Officer under R.T.I. Act has informed the petitioner that certain retiral dues are yet to be paid to him. The said document further reveals that a sum of ` 1,271/- has to be recovered on account of excess payment under the head of A.C.P.

3. Learned counsel for the respondents fairly submits that petitioner is entitled to retiral dues, which are yet to be released. He, however, submits that due to financial crises being faced by the Uttarakhand Transport Corporation, there has been some delay in releasing outstanding dues of the petitioner. He further assures the Court that all the dues of the petitioner would be cleared as early as possible.

4. Having regard to the submission made by learned counsel for the respondents, the writ petition is disposed of with the following directions:

Respondent no. 1 shall ensure that the outstanding dues of the petitioner, including gratuity and leave encashment, shall be paid to the petitioner as early as possible; but, not later than three months from today. Petitioner shall also be entitled to interest @ 5% per annum on the delayed payment of amount of gratuity.

(MANOJ KUMAR TIWARI, J.) Arpan