Krishna Kumar Singh vs State Of Uttarakhand And Others

Vipin Sanghi, CJ

The petitioner retired as a public servant.

The reliefs sought in the writ petition are the following:-

“i. Issue a writ rule or direction in the nature of mandamus directing the respondents to pay the post retiral benefits such as G.P.F., Leave Encashment and Gratuity of the petitioner along with 18% interest forthwith or within a time period which this Hon’ble Court may deem fit and proper under the circumstances of the case stated in the memo of the writ petition, after calling the entire records or to mould the relief appropriately, keeping in view the facts highlighted in the body of the writ petition.

ii. Issue writ, order or direction appropriate in nature to award the damages and compensation to the petitioner in tune of such amount which the Hon’ble Court may deem fit and proper under the circumstances of the case and same may be recovered from the erring officers.”

Mr. Pant submits that the petitioner was not paid the pension, gratuity, provident fund, etc. upon his superannuation, since he was facing a criminal trial. However, he has been acquitted on 15.01.2021. Despite the said development, the respondents have still not released his retiral dues, except the Provisional Pension, GPF, Group Insurance amount due to him.

Let the respondents examine the said grievance of the petitioner, and if any further amount is payable, the same should be paid to him within four weeks.

Considering the fact that the writ petition has been pending since October, 2020 and the pleadings are complete, we direct the Registry to transfer the complete record of this case to the Uttarakhand Public Services Tribunal. The Tribunal shall register the same as a Claim Petition, and deal with the same accordingly. The Tribunal may expedite the hearing of the Claim Petition, provided the petitioner does not seek any adjournment.

The Writ Petition stands disposed of accordingly.