Gaina Singh vs State Of Uttarakhand And Others
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Uttarakhand High Court

Gaina Singh vs State Of Uttarakhand And Others on 24 June, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition No.2314 of 2024 (S/S)
Gaina Singh                                        ..........Petitioner
                                  Vs.
State of Uttarakhand and others            ............. Respondents
Present :   Mr. Rohit Kumar Gaur, Advocate for the petitioner.
            Mr. Ganesh Kandpal, Deputy Advocate General          for   the
            State/respondent nos.1 and 2.


                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks the following reliefs:-

"i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to pay and release forthwith the Leave Encashment, G.I.S., Gratuity with interest in terms of section 7(3- A) of Payment of Gratuity Act 1972 from the date it become due till the date the actual payment of amount of gratuity is made available to the petitioner.

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to pay the arrear of 6th pay commission from 01-01-2009 to 31-

12-2015 and arrear of 7th pay commission from 01-07-2018 to 31-08-2023 (the date of superannuation of the petitioner to the post of Cadre Secretary) alongwith Statutory Interest.

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

iv) Award the cost of the writ petition in favour of the Petitioner."

2. Heard learned counsel for the parties and

perused the record.

3. At the very outset, learned counsel for the

petitioner would submit that the matter is squarely

covered by the judgment dated 04.09.2017, passed by the

Division Bench of this Court in Special Appeal No.202 of

2017, State of Uttarakhand and others vs. Dharmanand

Uniyal and others; and connected cases.

4. Learned State Counsel admits this fact.

5. The matter is covered, therefore, instant

petition is decided in terms of the judgment dated

04.09.2017, passed by the Division Bench of this Court in

Special Appeal No.202 of 2017, State of Uttarakhand and

others vs. Dharmanand Uniyal and others; and connected

cases.

(Ravindra Maithani, J.) 24.06.2025 Sanjay

SANJAY

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=e50e50b49596520698eff87e0a08bbd5 04686df4d1afc60f54a287831dec46fe,

KANOJIA postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD 8EC450A84B515A087CAEFD1B3179A7DEAE406 99, cn=SANJAY KANOJIA Date: 2025.06.26 14:04:59 +05'30'