WPSB/548/2022
2022 Latest Caselaw 3341 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
            THE HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI


              WRIT PETITION (S/B) NO. 548 OF 2022

                         15th OCTOBER, 2022

Between:

Ramji Ram Verma                           ......           Petitioner

and

Uttarakhand Payjal Sansadhan Vikas
Evem Nirman Nigam and another      ......                 Respondents


Counsel for the petitioner     :   Mr. K.K. Harbola, learned counsel

Counsel for the respondents    :   Mr. Bhupendra Singh Bisht, learned
                                   counsel for respondent No. 1

                               :   Mr. S.S. Chaudhary, learned Brief
                                   Holder for the State / respondent
                                   No. 2



The Court made the following:


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


             Issue notice.


             Mr. Bhupendra Singh Bisht, learned counsel

appears and accepts notice on behalf of respondent No.

1.


             Mr. S.S. Chaudhary, learned Brief Holder for

the State appears and accepts notice on behalf of

respondent No. 2.
                                2




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.20,28,760/-(sanctioned
            D.A. 34%                      but not paid)

       C.   Transfer Travelling Allowance     Rs.82,964/-(sanctioned
                                              but not paid)

       D.   Arrears of Dearness Allowance -   Rs.36,336/-(sanctioned
            (w.e.f. 01.07.2021 to             but not paid)
            31.01.2022 31%(31-28) and
            w.e.f. 01.01.2022 to
            31.01.2022 difference of 3%
            (34-31)

       E.   Arrears of D.A. of Pension -    Rs.37,093/-(sanctioned
            w.e.f. 01.02.2022 to 30.04.2022 but not paid)
            @ 17%(31%-28%) and w.e.f.
            01.02.2022 to 31.08.2022 @ 3%
            (34-31)

       F.   Arrears of 7th Pay Commission -   Rs.1,98,492/-
            (w.e.f. 01.01.2016 to
            31.12.2016)

                                Total               Rs.43,83,645/-


3)          Counsel    for   the    respondent       No.      1,   who

appears on advance notice, submits that the respondent

has not been able to make payment of the amounts

claimed towards gratuity, leave encashment, transfer

travelling allowance, dearness allowance and arrears of

dearness allowance of pension due to paucity of funds.


4)          In similar cases preferred before this Court,

we have allowed these claims. We, therefore, direct the

respondent No. 1 to pay the leave encashment to the

petitioner within three months from today. The gratuity
                               3




shall be paid within four months.           The other claims

mentioned above, shall also be paid within five months.

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.


5)         The petitioner is a public servant.           The said

issue 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.


7)         Writ    petition   stands   disposed     of    in   the

aforesaid terms.




                                        ________________
                                        VIPIN SANGHI, C.J.



                                  __________________
                                  MANOJ KUMAR TIWARI, J.

Dt: 15th OCTOBER, 2022 Negi