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Suresh Pal vs Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam And Another

Uttarakhand High Court · Decided on 28 March 2022 · Citation: (2022) 03 UK CK 0108

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/B) No. 143 Of 2022
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Judgment

24 paragraphs · 331 words

Manoj Kumar Tiwari, J

1.

Petitioner was an employee of Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam, who retired from the post of Superintending Engineer.

2.

Since retiral dues have not been paid to the petitioner so far, therefore, he has approached this Court seeking the following relief:-

(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.20,00,000/-

B.

Leave Encashment (300 days)

- Rs.17,19,900/- (sanctioned but not paid)

C.

Arrears of 7th Pay Commission (w.e.f. 01-01-2017 to 30-09-2017)

- Rs. 1,53,540/- (sanctioned but not paid)

D.

Arrears of 7th Pay Commission

- Rs. 1,98,222/- (sanctioned but not paid)

Total- Rs.40,71,662/-

3.

Mr. D.S. Patni, Senior Advocate for respondent no.1 does not dispute the liability of the Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam to pay retiral dues to the petitioner. However he disputes the amount as claimed by petitioner. He further submits that due to financial constraint, the post retiral dues could not be released to petitioner so far and he assures that all pending dues would be released to him as early as possible.

4.

Having regard to the admission made by Mr. D.S. Patni, Senior Advocate on behalf of respondent no.1, the writ petition is disposed of with the following directions:-

1.

The amount of leave encashment and arrears of 7th Pay Commission shall be released to the petitioner, positively within five months from date of production of certified copy of this order before the Managing Director.

2.

The amount of gratuity and other dues, if any, shall be released to the petitioner within seven months from the date of production of certified copy of this order before the Managing Director.

5.

In sequel thereto, all pending applications also stand disposed of.

6.

Urgent copy of this order be supplied to the learned counsel for the parties, as per Rules.