A divison bench of Justice Vipin Sanghi and R.C. Khulbe of Uttarakhand HC disposed of the writ petition of the petitioner claiming the amount of gratuity, leave encashment, dearness allowance and arrears of dearness allowance of pension by directing the respondent to pay the sanctioned amount within three months.
The court also directed the petitioner to approach Uttarakhand Public Services Tribunal regarding the dispute raised for arrears of 7th Pay Commission.
Facts:
The petitioner has preferred the present writ petition to claim the amount of Gratuity- Rs.20,00,000/-, leave encashment of 300 days- Rs.20,51,460/-, Arrears of 7th Pay Commission (w.e.f. 01-01-2016 to 31-12-2016)- Rs.1,98,222/-, Arrears of 7th Pay Commission (w.e.f. 01-01-2017 to 30-09-2017)- Rs.1,64,304/-, Arrears of Increase in Dearness Allowance (w.e.f. 01.07.2021 to 31.03.2022)- Rs.54,810/- and Arrears of Increase in Dearness Allowance (w.e.f. 01.01.2022 to 31.08.2022)- Rs.18,792/-. All amounts are sanctioned but not paid. Learned Counsel for the respondent No. 1, who appears on advance notice, submitted that the respondent-Nigam has not been able to make payment of the amounts claimed towards gratuity, leave encashment, dearness allowance and arrears of dearness allowance of pension due to paucity of funds.
Observations of the Court
This Court observed that in similar cases preferred before, this Court have directed payment of the claims mentioned in the preceding paragraph. Therefore, they direct the respondent No. 1 to pay the leave encashment to the petitioner within three months from today. The gratuity shall be paid within four months. The other claims mentioned above, shall also be paid within five months. It was made clear that they have not gone into the correctness of the computation made by the petitioner, and it shall be the responsibility of the respondent to compute the amounts payable under the aforesaid heads with intimation to the petitioner. So far as the claim for arrears of the 7th Pay Commission is concerned, there is a dispute raised by the respondent in this regard. The petitioner is a public servant. The said claim can be adjudicated in a claim petition before the Uttarakhand Public Services Tribunal. Therefore, this petition was disposed of leaving it opens to the petitioner to approach the Tribunal to claim his relief regarding arrears of 7th Pay Commission.
Decision:
The writ petition was disposed of leaving it open to the petitioner to approach the Tribunal to claim his relief regarding arrears of 7th Pay Commission.
Case: Binod Kumar Pant vs Uttarakhand Peyjal Sansadhan Vikas Evem Nirman Nigam & another
Citation: WRIT PETITION (S/B) NO. 640 OF 2022
Coram: Justice Vipin Sanghi and R.C. Khulbe
Dated: 22.11.2022
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