Leela Devi vs State Of Uttarakhand And Others

Ravindra Maithani, J

The instant writ petition has been filed seeking the following reliefs:-

"(i) To issue a writ, order or direction in the nature of mandamus directing the respondents to release the Gratuity amount Rs.12,00,000/- to the petitioner with interest @18% within a stipulated time fixed by this Hon'ble Court.

(ii) To Issue a writ, order of direction in the nature of mandamus commanding the respondents to release the arrears of family pension Rs.2,65,337/- (approx) to the petitioner with interest @ 18%.

(iii) To pass such other orders and direction as this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the present case.

(iv) Allow the writ petition with costs."

Heard learned counsel for the parties and perused the record.

It is the case of the petitioner that her husband was an employee with the Nagar Palika Parishad, Nainital. During service he expired on 30.03.2019. But the dues has yet not been paid by the department.

On behalf of respondent nos.3 and 4, Mr. D.S. Patni, Senior Advocate appears and submits that the department though admits the claim of the petitioner, but due to financial crunch the department is not in a position to pay the dues immediately. Department needs six months' time to pay the dues.

The Court takes on record the statement given by the learned senior counsel on behalf of respondent nos.3 and 4.

The writ petition is disposed of with the directions to the respondent nos.3 and 4, to make payment of all admissible retiral dues to the petitioner within a period of four months from today.