Uttarakhand High Court
Mahesh Chandra Harbola vs State Of Uttarakhand And Others on 4 June, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.1810 of 2023
Mahesh Chandra Harbola ........Petitioner
Versus
State of Uttarakhand and Others ........Respondents
With
Writ Petition (S/S) No.1812 of 2023
Rajendra Singh Bisht ........Petitioner
Versus
State of Uttarakhand and Others ........Respondents
Presence:-
Mr. Gopal K. Verma, ld. counsel for petitioners.
Mr. Pradeep Hairiya, learned S.C. for State of Uttarakhand.
Hon'ble Pankaj Purohit, J. (Oral)
Heard learned Counsel for the parties.
2. Both these petitions involve similar set of facts and law
hence these are being decided by this common judgment. For the
sake of brevity and convenience, facts of WPSS No.1810 of 2023 are
considered for adjudication.
3. Petitioner has challenged the order dated 03.07.2023
passed by respondent no.2 (Annexure No.1) whereby the amount of
gratuity and 10% pension of petitioner has been withheld. Feeling
aggrieved, petitioner is before this Court by filing the present writ
petition.
4. A counter affidavit has been filed on behalf of
respondent no.2. In paragraph no.4 thereof, it is stated that due to
pendency of litigation between petitioner and respondents before the
Public Services Tribunal at Dehradun, the aforesaid amount has been
withheld. Further, by virtue of G.O. dated 28.10.1980, there is a
provision that in case of pendency of litigation, the amount due
towards gratuity and final pension would be withheld. It is further
stated that in the meantime, provisional pension had already been paid
to petitioner.
5. Petitioner has filed his rejoinder wherein it is stated that
respondents have wrongly withheld the amount due towards him and
petitioner had no concern with the case pending before the Tribunal.
Further, the said claim petition stood finally decided vide judgment
dated 13.12.2023, and thus, now no question arises for withholding
the amount due towards petitioner.
6. In view of aforesaid facts, since the claim petition
pending between the petitioner and respondents before the Public
Services Tribunal at Dehradun has finally been decided by order
dated 13.12.2023, therefore, now there is no impediment to release
the amount which was withheld by respondents.
7. However, in so far as the argument of learned counsel for
petitioner for providing interest on delayed payment is concerned, I
have considered the said submission but in view of the government
order dated 28.10.1980 governing the field, payment towards gratuity
and 10% pension had been withheld by respondents due to pendency
of litigation in which petitioner was also a party respondent. At the
same time, the provisional pension was also sanctioned in favour of
petitioner. Therefore, there is no ground to award interest on the
delayed payment.
8. For the aforesaid reasons, both the writ petitions are
disposed of. Order dated 03.07.2023 challenged in WPSS No.1810 of
2023 as also orders dated 14.06.2023 and 28.07.2023 impugned in
WPSS No.1812 of 2023 are quashed. At the same time, a writ in the
nature of mandamus is issued to respondent no.2 to release the
amount of petitioners due towards gratuity and 10% pension amount,
so withheld, at the earliest but not later than four weeks from today.
9. No order as to costs.
10. Pending application(s), if any, stands disposed of
accordingly.
(Pankaj Purohit, J.)
04.06.2024
Rdang
