Manohar Mathews vs State Of Uttarakhand And Another
2023 Latest Caselaw 1384 UK

      HIGH COURT OF UTTARAKHAND AT NAINITAL
             Writ Petition (S/S) No. 745 of 2023

Manohar Mathews                               ..............Petitioner

                                Versus

State of Uttarakhand and Another
                                ...........Respondents
Present:-
              Mr. Bhagat Mehra, Advocate for the petitioner.
              Mr. Atul Bahuguna, Standing Counsel for the State of
              Uttarakhand
              Mr. Bhupendra Singh Bisht, Advocate for respondent no.2.


Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks the following reliefs:-

i) To issue a writ order or direction in the nature of

Mandamus commanding the Respondent No.1 to

forthwith release the outstanding retiral benefits

to the petitioner, details whereof is given as

under:-

A) Gratuity =Rs.7,73,621/-

(Sanctioned but not paid)

B) Leave Encashment (300 days) = Rs.5,10,540/-

(Sanctioned but not paid) C) Arrears of D.A. = Rs.35,569/-

(Rs.1902+Rs.3429+Rs.9783+Rs.2855) (Sanctioned but not paid) D) Arrears of 7 Pay Commission = th Rs.45,538/-

(w.e.f. 01.01.2016 to 31.12.2016) (Bill sanctioned but not paid)

Total = Rs.13,65,268/-

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 learned counsel for the parties and

perused the record.

3. Learned counsel for respondent no.2 would

submit that the department admits the claim of the

petitioner, but due to paucity of funds, department needs

some time to make payment. It is also submitted that the

case is covered by the judgment of this Court dated

30.11.2015, passed in Writ Petition (S/B) No.494 of 2015

and connected matters.

4. In view of the submission made, the writ

petition stands disposed of in terms of the order dated

30.11.2015, passed in Writ Petition (S/B) No.494 of 2015

and connected matters, by this Court.

(Ravindra Maithani, J.) 18.05.2023 Ravi Bisht