Uttarakhand High Court
CLCON/73/2019 on 21 March, 2023
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reports, orders or
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Date COURT'S OR JUDGES'S ORDERS
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CLCON No.73 of 2019
Hon'ble Manoj Kumar Tiwari, J.
Mr. Raveendra Singh Bisht,
Advocate, holding brief of Mr. D.S.
Bohra, Advocate for the petitioner.
Mr. J.S. Bisht, Standing Counsel for
the State of Uttarakhand.
Heard learned counsel for the
parties.
Petitioner served as Cadre
Secretary in a Cooperative Society in
District Pauri Garhwal, who retired from
service on 30.04.2015. Since his retiral
dues were not paid to him, therefore, he
filed WPSS No. 889 of 2018. His writ
petition was decided by Coordinate
Bench of this Court on 23.08.2018 in
terms of decision rendered in WPSS No.
1903 of 2016 and Special Appeal No.
202 of 2017. Operative portion of the
judgment rendered in Special Appeal No.
202 of 2017 is extracted below:
"33. It may be true that communication dated
24.02.2011 detailed about grant of benefit of gratuity at
the time of superannuation. It provides for the method of
calculating the gratuity but question is who should pay it.
It is addressed to Member Secretary of the District
Administrative Committee. Having regard to the fact that
it relates to the earlier years, we think that interest of
justice would be sub served, if we direct the appellant no.
2 to consider the case of the writ petitioners, having
regard to the conspectus of the Act, Rules and also
observations which we have made. A decision will be
taken within three months from the date of production of
certified copy of this judgment. He must ensure that
petitioners are paid amount that is legally due to them."
Alleging non-compliance of the
order passed by Writ Court, petitioner
filed this writ petition in 2019.
On the last occasion, learned State
Counsel was asked to get instructions.
Today, he has produced in Court the
written instructions received from
Additional Registrar, Cooperative
Societies, Almora. Paragraph no. 7 of
the said written instructions is
reproduced below:
"7. A significant amount Rs.11,63,976 (about 68%), out
of total dues of petitioner- Rs.17,21,604 has already
been paid to him and only a small amount i.e.
Rs.5,57,628 (about 32%) is left which is due to acute
shortage of fund in district cadre fund. This payment is
that of leave encashment and grade pay arrear.
Honouring the Hon'ble Court's order the retiral dues of
the petitioner have been paid somehow by the district
cadre committee. Sincere efforts are being made to
arrange the funds by the District administrative
committee in district cadre fund and the remaining dues
will also be paid as soon as the funds are arranged in
district cadre fund. The statement of financial position of
district cadre fund of district Pauri is being annexed
herewith as Annexure-2 and the statement showing the
details of payments made to the petitioner is being
annexed herewith as Annexure-3."
Thus, it is apparent that about 68%
of the total dues of the petitioner has
already been released and now about
32% remains to be paid. Additional
Registrar has apprised the Court that
there is acute shortage of funds in
district cadre fund of Pauri and
assurance has been given that the
remaining amount would be paid to the
petitioner as soon as funds are arranged.
In such view of the matter, the
contempt petition is disposed of
providing that the remaining amount of
retiral dues payable to the petitioner
shall be paid within six months' from the
date of production of certified copy of
this order. However, petitioner shall be
at liberty to approach this Court again, if
the dues are not paid within six months.
(Manoj Kumar Tiwari, J.)
21.03.2023
Arpan
