WPSB/162/2023
2023 Latest Caselaw 1104 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

      HON'BLE THE CHIEF JUSTICE SHRI VIPIN SANGHI
                              AND
       HON'BLE JUSTICE SHRI ALOK KUMAR VERMA


                      24TH APRIL, 2023

        WRIT PETITON NO.162 OF 2023 (S/B)

Between:

Madan Puri                                        ........Petitioner

and

State of Uttarakhand and Another           .....Respondents


Counsel for the Petitioner        :      Mr.K.K. Harbola,
                                         Advocate.

Counsel for the Respondent No.1:         Mr. C.S. Rawat,
                                         Chief Standing Counsel.


Counsel for the Respondent        :      Mr. Bhupendra Bisht,
No.2.                                    Advocate.

Upon hearing the learned counsel for the parties, this
Court made the following judgment :

(Per : Shri Alok Kumar Verma, J.)


           Present Writ Petition has been filed under Article

226 of the Constitution of India with the following reliefs:-

           "i) To Issue a writ, order or direction in the
           nature     of     Mandamus        commanding         the
           Respondents       to       forthwith    release      the
           outstanding retiral benefits to the petitioner,
           details whereof is given herein below :
                              2


          A) Gratuity     = Rs.20,00,000/- (Approx.)
                            (sanctioned but not paid)


          B) Leave Encashment (300 days)
                          = Rs.21,51,420/- (Approx.)
                            (sanctioned but not paid)
          Total Amount = Rs.41,51,420/- (Approx.)


          ii) To issue any other suitable writ, order or
          direction which this Hon'ble Court may deem fit
          and proper in the circumstances of the case.

          (iii) To award the cost of the writ petition in
          favour of the petitioner."


2.        Heard Mr. K. K. Harbola, learned counsel for the

petitioner, Mr. C.S. Rawat, learned Chief Standing Counsel

for the State/respondent no.1 and Mr. Bhupendra Bisht,

learned counsel for the respondent no.2.

3.        Learned counsel for the petitioner submitted

that the petitioner has retired from the post of Executive

Engineer on 31.08.2022. A sum of Rs.20,00,000/- as

Gratuity and Rs.21,51,420/- as Leave Encashment have

not been released to the petitioner.

4.        Learned counsel appearing for the respondent

no.2 has admitted that the said amounts have been

sanctioned, but due to financial crunch, the said amount

could not be paid to the petitioner. He has sought time to
                                   3


release the said gratuity amount and leave encashment to

the petitioner.

5.             Having considered the submissions of learned

counsel for the parties, we dispose of the present writ

petition with direction to the respondent no.2 to release

the        gratuity   amount   within   one   month   and   leave

encashment within five months from today.




                                        ________________
                                         VIPIN SANGHI, C.J.


                                        ___________________
                                        ALOK KUMAR VERMA, J.

Dated: 24.04.2023 JKJ/Pant