WPSB/638/2022
2022 Latest Caselaw 3740 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                     HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                  HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE

                WRIT PETITION (S/B) NO. 638 OF 2022

                          22ND NOVEMBER, 2022

BETWEEN:
Om Pal Singh                                                      .....Petitioner.
And

Uttarakhand Peyjal Sansadhan Vikas Evem Nirman Nigam &
another

                                                                  ....Respondents.

Counsel for the Petitioner : Mr. K.K. Harbola, proxy counsel for Mr. Bhagwat Mehra, learned counsel.

Counsel for the Respondent No.1 : Mr. B.S. Bisht, learned counsel.

Counsel for the Respondent No.2 : Mr. K.N. Joshi, learned Deputy Advocate General.

The Court made the following:

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

Issue notice. Learned counsels appear and accept

notice on behalf of the respondents.

2. The petitioner has preferred the present writ

petition to claim the following amounts:-

A. Gratuity Rs.20,00,000/- (sanctioned, but not paid) B. Leave Encashment (300 days) Rs.19,83,340/- (sanctioned, but not paid) C. Arrears of 7th Pay Commission (w.e.f. Rs.1,98,222/- (Approx.) 01-01-2016 to 31-12-2016) (sanctioned, but not paid) D. Arrears of Increase in Dearness Rs.4,522/- (sanctioned, but Allowance not paid) (w.e.f. 01.07.2021 to 31.07.2021)

E. Arrears of Increase in Dearness Rs.84,784/- (sanctioned, Allowance but not paid) (w.e.f. 01.07.2021 to 31.03.2022) F. Arrears of Increase in Dearness Rs.18,168/- (sanctioned, Allowance but not paid) (w.e.f. 01.01.2022 to 31.08.2022) Total Rs.42,89,036/-

3. Counsel for the respondent No. 1, who appears on

advance notice, submits that the respondent-Nigam has not

been able to make payment of the amounts claimed towards

gratuity, leave encashment, dearness allowance and arrears

of dearness allowance of pension due to paucity of funds.

4. In similar cases preferred before this Court, we

have directed payment of the claims mentioned in the

preceding paragraph. We, therefore, direct the respondent

No. 1 to pay the leave encashment to the petitioner within

three months from today. The gratuity shall be paid within

four months. The other claims mentioned above, shall also be

paid within five months. We make it clear that we have not

gone into the correctness of the computation made by the

petitioner, and it shall be the responsibility of the respondent

to compute the amounts payable under the aforesaid heads

with intimation to the petitioner.

5. So far as the claim for arrears of the 7th Pay

Commission is concerned, there is a dispute raised by the

respondent in this regard. The petitioner is a public servant.

The said claim can be adjudicated in a claim petition before

the Uttarakhand Public Services Tribunal.

6. We, accordingly, dispose of this petition, leaving it

open to the petitioner to approach the Tribunal to claim his

relief regarding arrears of 7th Pay Commission.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAMESH CHANDRA KHULBE, J.) Dated: 22nd November, 2022 NISHANT