Vijay Pal Sharma vs State Of Uttarakhand & Other

Manoj K. Tiwari, J

Petitioner served as Driver in Uttarakhand Transport Corporation and he retired from service on 31.10.2020. Since the retiral dues have not been

released so far, therefore, petitioner has approached this Court seeking following reliefs:-

(i) Issue an appropriate order, Writ or directions in the nature of Mandamus commanding and directing the Respondents to make payment of the

retirement dues of Petitioner as per sanctioned Orders dated 24.03.2020 and submitted Bill (Annexure as Annexure-3 colly) & as per sanctioned

Orders dated 31.05.2020 and submitted Bill (Annexure as Annexure-4 colly) immediately, in the interest of justice to the petitioner.

(ii) Issue an appropriate order, Writ or directions in the nature of Mandamus directing the Respondents to make payment of penal interest @ 18% on

the unpaid amount of retirement dues of Petitioner from the date of his retirement till payment is made by the Respondents, in the interest of justice to

the Petitioner.

Ms. Indu Sharma, learned counsel appearing for respondent nos. 2 to 5 admits that that petitioner’s retiral dues have not been released so far

and she has apprised this Court that a sum of ₹10,25,000/- has been sanctioned as gratuity, however, due to financial constraints, which the

Corporation is facing at present, actual payment of dues could not be made to the petitioner. She assures the Court that the outstanding dues of the

petitioner would be cleared at the earliest as soon as the financial condition of the Corporation improves.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to respondent no. 2 â€" Managing

Director, Uttarakhand Transport Corporation to release a sum of ₹1,00,000/- in favour of the petitioner, within 30 days, which shall be adjusted in the

retiral dues to be paid to him. The remaining dues, including gratuity, shall be cleared as early as possible, but not later than six months from the date

of production of certified copy of this order.