Amba Datt Pancholi vs Managing Director, Uttarakhand Transport Corporation & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties.

Petitioner served as driver in Uttarakhand Transport Corporation and retired from service, on 31.08.2020.

Since retiral benefits have not been released to petitioner, therefore, he has approached this Court, seeking following relief:

“I. a writ, order or direction in the nature of mandamus directing the respondents to release the entire amount of leave encashment of Rs. 608400.00 and gratuity amount of Rs. 11,93,400.00 to the petitioner with 12% interest.

Mr. Ashish Joshi, learned counsel appearing for respondents was granted time to get instructions. Today, on instructions, he submits that Uttarakhand Transport Corporation is reeling under financial crisis, consequently due retiral benefits could not be released to petitioner so far. He assures the Court that the amount of gratuity and leave encashment would be released to petitioner within a reasonable time.

In such view of the matter, writ petition is disposed of with the following directions:-

I. Respondent no. 1 shall ensure that the amount payable as leave encashment is paid to petitioner, within six weeks from today.

II. The amount of gratuity shall be paid to petitioner, within ten weeks from today.

It is made clear that in case payment is not made within time as stipulated above, petitioner shall also be entitled to simple interest at the rate of 5% per annum, on such delayed payment.