WPSB/317/2020
2022 Latest Caselaw 3117 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
                HON'BLE SRI JUSTICE R.C. KHULBE

                       23rd SEPTEMBER, 2022
          WRIT PETITON (S/B) No. 317 OF 2020

Between:

Krishna Kumar Singh                                     ...........Petitioner

and

State of Uttarakhand and others.                        ......Respondents

Counsel for the petitioner.        :   Mr. M.C. Pant.

Counsel for the respondents.       :   Mr. B.P.S. Mer, learned Brief Holder for
                                       the State of Uttarakhand / respondent
                                       Nos. 1 & 2.
                                       Mr. Rajesh Sharma, learned counsel
                                       for respondent No.



Upon hearing the learned Counsel, the Court made
the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The petitioner retired as a public servant.

2.            The reliefs sought in the writ petition are the

following:-

              "i.     Issue a writ rule or direction in the nature of
                      mandamus directing the respondents to pay the
                      post retiral benefits such as G.P.F., Leave
                      Encashment and Gratuity of the petitioner along
                      with 18% interest forthwith or within a time
                      period which this Hon'ble Court may deem fit
                      and proper under the circumstances of the case
                      stated in the memo of the writ petition, after
                      calling the entire records or to mould the relief
                      appropriately, keeping in view the facts
                      highlighted in the body of the writ petition.
              ii.     Issue writ, order or direction appropriate in
                      nature to award the damages and compensation
                      to the petitioner in tune of such amount which
                   the Hon'ble Court may deem fit and proper
                  under the circumstances of the case and same
                  may be recovered from the erring officers."


3.          Mr. Pant submits that the petitioner was not

paid the pension, gratuity, provident fund, etc. upon his

superannuation, since he was facing a criminal trial.

However, he has been acquitted on 15.01.2021. Despite

the said development, the respondents have still not

released his retiral dues, except the Provisional Pension,

GPF, Group Insurance amount due to him.


4.          Let   the   respondents         examine      the     said

grievance of the petitioner, and if any further amount is

payable, the same should be paid to him within four

weeks.


5.          Considering the fact that the writ petition has

been pending since October, 2020 and the pleadings are

complete,    we    direct   the       Registry   to   transfer   the

complete record of this case to the Uttarakhand Public

Services Tribunal. The Tribunal shall register the same

as a Claim Petition, and deal with the same accordingly.

The Tribunal may expedite the hearing of the Claim

Petition, provided the petitioner does not seek any

adjournment.



                                  2
 6.         The    Writ     Petition   stands   disposed   of

accordingly.


                                      ________________
                                       VIPIN SANGHI, C.J.


                                          _____________
                                           R.C. KHULBE, J.

Dt: 23rd September, 2022 Rathour