Karan Singh vs Uttarakhand Payjal Sansadhan Vikas Evam Nirman Nigam & Another

Raghvendra Singh Chauhan, CJ

The petitioner has made the following prayer before this Court:-

"i. To issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 to forthwith release the outstanding retiral benefits to the petitioner, details whereof is given as under:-

A.

Gratuity

Rs.15,00,000/- (sanctioned but not paid)

B.

Leave Encashment (300 days)

Rs.16,69,000/- (sanctioned but not paid)

C.

Arrears of 7th Pay Commission

Rs.1,97,575/- (sanctioned but not paid)

Total: Rs.33,67,165/-

Mr. Bhagwat Mehra, the learned counsel for the petitioner, and Mr. D.S. Patni, the learned Senior Counsel appearing for the respondent No.1, are ad idem that the issue raised before this Court in the present writ petition is squarely covered by the judgment pronounced by a learned Coordinate Bench in the case of Virendra Chandra Pant vs. State of Uttarakhand & others [Writ Petition (S/B) No.211 of 2021 dated 03.09.2021], and by the judgment passed in the case of Lalita Prasad Tiwari vs. Uttarakhand Payjal Sansadhan Vikas Evam Nirman Nigam [Writ Petition (S/B) No.494 of 2015 dated 30.11.2015].

In the case of Lalita Prasad Tiwari(supra), the learned Coordinate Bench has passed the following order:-

"(i) Within a period of two months from today, the amount of leave encashment be paid to the petitioners.

(ii) Within a period of five months from today, the amount due by way of commutation of pension be paid to the petitioners.

(iii) The balance amount due by way of other benefits be paid to the petitioners within a period of seven months from today.

(iv) We also direct that, if the Corporation has moved the Government of Uttarakhand seeking funds for the payment of the said amounts, the Government of Uttarakhand will consider the said request in accordance with law at the earliest".

Therefore, the present writ petition is allowed in the same terms.