Mehboob Alam vs Uttarakhand Payjal Sansadhan Vikas Evam Nirman Nigam

V.K. Bist, J.

Petitioner has approached this Court seeking the following reliefs:

“(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent to give the benefit of judgment and order

dated 31.07.2018 passed in writ petiton no.2418 of 2018 (S/S) (Smt. Sharda Devi vs. Uttarakhand Payjal Sansadhan Vikas Evam Nirman Nigam).

(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent to forthwith release the outstanding

dues/benefits to the petitioner forthwith alongwith the arrears with 18% interest as per 7th Pay Commission.â€​

Petitioner was the employee of the respondent-Corporation. He has retired. The complaint is that the retirement benefits due to him have not been

paid. The benefits include leave encashment, gratuity and arrears of 7th Pay Commission.

Heard learned counsel for the parties.

Learned counsel for the respondent does not actually dispute the liability; but, he does not of course agree to the exact amount due. His main

contention is paucity of funds.

The petitioner is retired employee and this Court feels that it will be unfair to deprive him of the benefits. After hearing the learned counsel for the

parties, the writ petition is dispose of as follows:

(i) The amount of leave encashment be paid to the petitioner within a period of three months from today.

(ii) The amount due by way of gratuity be paid to the petitioner within a period of four months from today.

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

(iv) It is also directed 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.

(v) The payment shall be made to the petitioner as per the 7th Pay Commission Report.