Basant Ballabh Pathak vs Managing Director, Uttarakhand Pey Jal Sansadhan Vikas Evam Nirman Nigam And Another

Raghvendra Singh Chauhan, CJ

With the consent of both the learned counsel for the parties, this case is being decided at the admission stage itself.

The petitioner is aggrieved by the fact that despite his retirement from the service on 31.07.2020, from the post of Chief Administrative Officer, from the Uttarakhand Pey Jal Sansadhan Vikas Evam Nirman Nigam ("the respondent-Nigam", for short), he has not been sanctioned his gratuity, leave encashment, and the amount of G.P.F. for the period when he was posted in Uttar Pradesh Jal Nigam. The amount of gratuity owed to the petitioner is Rs.13,72,586/-; the amount of leave encashment (300 days) is Rs.8,31,870/-; the amount of G.P.F. is Rs.1,40,160/-. Thus, the respondents are supposed to pay a total amount of Rs.23,44,616/-. However, the same is not being paid.

The learned counsel for the petitioner submits that in identical matter, in the case of Karan Singh Vs Uttarakhand Payjal Sansadhan Vikas Evam Nirman Nigam & another [Writ Petition (S/B) No. 448 of 2021], vide order dated 04th October, 2021, this Court had directed the respondents to pay the leave encashment, the gratuity, and the balance amount due by way of other benefits, within a period of two months. Therefore, the learned counsel submits that a similar order should be passed even in the present case.

Mr. D.S. Patni, the learned Senior Counsel for the respondents, has not challenged the stand taken by the petitioner. His only defence is that the respondent-Nigam could not pay the gratuity, the leave encashment, and the balance amount of the G.P.F. due for the period during which the petitioner was in service in the U.P. Jal Nigam, as the respondent-Nigam is facing a financial crunch. Moreover, the State Government is not granting sufficient funds to the respondent-Nigam to meet out its financial liabilities.

The position being taken by the learned Senior Counsel is clearly unjustified. For, financial constraint cannot be a reason for denying a retired employee his gratuity and leave encashment.

Therefore, this Court directs the respondent No.1 to pay an amount of Rs.13,72,586/- under the category 'gratuity', an amount of Rs. 8,31,870/- under the category 'leave encashment', and Rs.1,40,160/- as amount of 'G.P.F.' during the period the petitioner was in the service of the U.P. Jal Nigam, within a period of two months from the date of submission of the certified copy of this Order.

With the direction as above, the writ petition stands disposed of.