Asha Rawat Alias Sadhvi Amar Giri vs State of Uttarakhand And Others

Ravindra Maithani, J

By means of the instant writ petition, petitioner seeks the following reliefs:-

"i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to release the retiral benefits likely G.P.F., Group Insurance, Leave Encashment, Earn Leave etc. alongwith interest and service pension from 2001 to 2010 in favour of the petitioner as early as possible, else the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means.

ii) Pass such further orders or directions which are just and proper in the facts of the case."

It is the case of the petitioner that she worked as Teacher with the respondents department for many years. Thereafter, due to health reasons, she could not attend her services and finally when she approached the department, she was not given pension and other dues. The petitioner had to file WPSS No.750 of 2017 for payment of retiral dues and pensionary benefits, which was disposed of on 08.01.2020. Thereafter, pension has been paid to the petitioner, but, GPF, leave encashment, insurance, earn leave, etc. have not been paid. Hence, the petition.

Heard learned counsel for the parties and perused the record.

Learned counsel for the petitioner would submit that pursuant to the directions, issued in the earlier writ petition, certain benefits have already been granted to the petitioner, but, still there are dues, which are to be paid to the petitioner. Therefore, petitioner be given liberty to make a fresh representation to the respondent no.2 within a period of 10 days from today with further directions to the respondent no.2, to take a decision on the representation within the given time.

Learned State counsel gives a statement that in case, such a representation is made by the petitioner, a decision will be taken on it within a period of two months from the date of receipt of the representation.

The Court takes on record the statement given by the learned State counsel.

The writ petition is disposed of with the liberty to the petitioner to make a fresh representation to the respondent no.2 within a period of 10 days from today with further directions to the respondent no.2 that upon such representation having been made, that shall be decided within a period of two months thereafter.