Arun Kumar Srivastava vs State Of Uttarakhand And Others

Vipin Sanghi, CJ

The petitioner seeks a direction to the respondents to pay to him the arrears of salary in view of the pay fixation after the acceptance of the recommendations of the 7th Pay Commission by the respondents, and issuance of the amended last pay certificate dated 13.01.2022, from 01.01.2016 till the date of the petitioner’s retirement on 30.11.2020. The petitioner also seeks a direction for payment of his Earned Leave of 250 days, Gratuity and Provident Fund Contribution as per the amended last pay certificate dated 13.01.2022, along with 12% interest from the date of its accrual till the date of actual payment.

The respondents have filed their counter affidavit.

The respondents do not dispute the fact that the petitioner is entitled to revision of the last pay certificate in the light of the acceptance of the 7th Pay Commission Report, and also do not dispute the fact that the petitioner is entitled to Earned Leave of 250 days, Gratuity and Provident Fund Contribution, as per the amended last pay certificate dated 13.01.2022.

Mr. T.A. Khan, the learned Senior Counsel, submits that the sugarcane crushing season would start in November, 2022 and, therefore, the respondents would need time to make payment to the petitioner for the outstanding dues. He submits that five months’ time may be granted for the said purpose, which is agreeable by the petitioner.

Accordingly, we direct the respondents to make payment of the admitted amounts due to the petitioner within five months from today. In case the 2 amounts are still not paid, the petitioner would be entitled to interest at the rate of 6% p.a. from 01.02.2023 onwards on the outstanding dues.

The Writ Petition stands disposed of in the aforesaid terms.

In sequel thereto, all pending applications stand disposed of.