Uttarakhand High Court
WPSB/2/2023 on 5 January, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
5TH JANUARY, 2023
WRIT PETITION (S/B) No. 2 OF 2023
Between:
Shailendra Raj Singh & another. ...Petitioners
and
State of Uttarakhand & others. ...Respondents
Counsel for the petitioners. : Mr. Hari Mohan Bhatia, learned counsel.
Counsel for the respondent No. 1 : Mr. Pradeep Joshi, learned Additional
Chief Standing Counsel for the State of
Uttarakhand.
Counsel for the respondent nos. 2 & 3 : Mr. T.A. Khan, learned Senior Counsel,
assisted by Ms. Sadaf, learned Counsel,
holding brief of Mr. Vinay Bhatt, learned
counsel.
JUDGMENT : (per Sri Vipin Sanghi, C.J.)
Issue notice.
2. Learned counsels for the respondents appear and
accept notice.
3. The petitioners have preferred this Writ Petition to
seek the following relief:-
"I. Issue a writ, order or direction in the nature of
mandamus commanding the respondents to make payment
of arrears of salary of the Petitioners in view of Pay Fixation
after the acceptance recommendation 7th Pay Commission by
the respondents from 01.01.2016 till the date of retirement
of petitioners and also direct the payment of Earn Leave,
Gratuity and Provident Fund Contribution alongwith 12%
1
interest from the date of its accrual till the date of actual
payment to the Petitioner."
4. Mr. Khan, who appears for respondent Nos. 2 & 3,
who are the contesting respondents, states that the
respondents do not dispute the petitioners' claim for arrears
payable on account of implementation of the 7th Pay
Commission from 01.01.2016, and the consequent
enhancement in the amount payable towards Earned Leave,
as well as Provident Fund Contribution. He submits that the
said amount has not been paid due to the financial stringency
being faced by respondent Nos. 2 & 3. He, however,
seriously disputes the petitioners' claim with regard to their
claim for gratuity, since gratuity already stands paid to the
petitioners.
5. The petitioners are public servant, and normally,
we would have relegated the petitioners to prefer their Claim
Petition before the Uttarakhand Public Services Tribunal.
However, since there is no factual dispute raised in relation to
a part of the claim, as aforesaid, we dispose of this petition
with a direction to the respondents to pay the amount due to
the petitioners towards arrears of pay on implementation of
the 7th Pay Commission Report w.e.f. 01.01.2016, enhanced
payment towards Leave Encashment and enhanced payment
towards Provident Fund Contribution within six months from
today. In case, the said amounts are not paid within six
2
months, the same shall carry interest at the rate of 6% per
annum. The petitioners are left to pursue their claim for
gratuity before the appropriate forum. We make it clear that
with regard to the petitioners' claim for gratuity, we have not
examined the same on merits.
6. The writ petition stands disposed of in the aforesaid
terms.
___________________
VIPIN SANGHI, C. J.
______________
MANOJ KUMAR TIWARI, J.
Dt: 05.01.2023
Navin
