WPSB/615/2022
2022 Latest Caselaw 3566 UK

       IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                  AND
            THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE



                WRIT PETITION (S/B) NO. 615 OF 2022


                             10th NOVEMBER, 2022

Between:

Dr. Rajiv Kumar                              ......           Petitioner


and


State of Uttarakhand & others                ......         Respondent



Counsel for the petitioner        :   Mr. Vikas   Kumar    Guglani,    learned
                                      counsel

Counsel for the respondents       :   Mr. Vikas Pande, learned Standing
                                      Counsel for the State / respondent No.
                                      1

                                  :   Mr. T.A. Khan, learned Senior Counsel
                                      assisted by Ms. Sadaf, learned counsel
                                      for respondent Nos. 2 and 3




The Court made the following:


JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             Issue notice.

             Mr. Vikas Pande, learned Standing Counsel for the

State, appears and accepts notice on behalf of respondent

No. 1.
                               2


          Mr. T.A. Khan, learned Senior Counsel assisted by

Ms. Sadaf, learned counsel, appears and accepts notice on

behalf of respondent Nos. 2 and 3.



2)        The limited relief sought by the petitioner in the

present petition is for a direction to the respondent Nos. 1 to

3 to pay the arrears of difference in the pay for the period

01.01.2016 to 01.09.2021, on account of grant of 7th Pay

Commission pay scale w.e.f. 01.01.2016 to the employees of

the Centralized Services of Sugar Mills Cooperative.



3)        Admittedly, the arrears have not been paid to the

petitioner.     The only reason cited by the respondents for

non-payment of the arrears, in other cases, which have

come before the Court, is lack of funds.



4)        Mr. Khan, who appears on advance notice for

respondent Nos. 2 and 3, submits that the petitioner is a

serving employee, and has a long tenure to go. Therefore,

there is no urgency for him to receive the arrears, as he

continues to receive his regular salary month by month.



5)        Merely because the petitioner is receiving the

salary month by month, is no reason why he should not

receive   the    arrears   payable   to   him   on   account    of

implementation of the 7th Pay Commission report.               The
                               3


respondent cannot indefinitely retain the said arrears on the

ground that they are short of funds.               It is for the

respondents to make arrangement of funds to meet all their

liabilities, including towards their employees.



6)        We, therefore, dispose of this petition with a

direction to the respondents to pay the arrears of pay due to

the petitioner for the period 01.01.2016 to 01.09.2021

within six months from today. In case, the arrears are not

so paid, the same shall carry interest at the rate of six per

cent per annum.



7)        The   writ   petition   stands   disposed   of   in   the

aforesaid terms.


                                           _________________
                                            VIPIN SANGHI, C.J.


                                                  ___________
                                                  R.C. KHULBE, J.

Dt: 10th NOVEMBER, 2022 Negi