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Judgment
Hon’ble Pankaj Purohit, J. (Oral)
Delay in filing the counter affidavit is condoned. Delay Condonation application (IA/2/2026) stands disposed of. Counter affidavits filed by the respondent No.3 and State are taken on record. Misc. application along with counter affidavit (IA/1/2026) also stands disposed of.
By means of the present writ petition, petitioner has sought the following reliefs:-
I. To issue a writ, order or direction in the nature of mandamus commanding the respondents to make the payments to the petitioner with regard to the retiral benefits (gratuity, leave encashment, provident fund), along with interest at the rate of 12% per annum.
Learned counsel for respondent No.3 submits that amount of ₹2,04,224/- + ₹13,50,717/- was already paid to petitioner towards the part payment of Provident Fund and ₹1,00,000/- was paid to petitioner towards part payment of Leave Encashment. Thus, a total amount of ₹16,54,941/- was already paid to petitioner.
He further submits that an amount of ₹21,03,204/- is still remain to be paid to petitioner towards the Gratuity and part payment of Provident Fund and Leave Encashment.
Learned counsel for respondent No.3 contends that due to financial crunch faced by respondent No.3, the remaining payment may be delayed, but the same shall be paid to petitioner by respondent No.3 as the time prescribed by this Court.
In view of the submission made by learned counsel for respondent No.3, the writ petition is finally disposed of, providing that respondent No.3 shall make the payment of aforesaid balance amount of ₹21,03,204/- to petitioner, within one year from today. Needless to say that the payment already made to petitioner, if any, after filing the counter affidavit, shall be adjusted.