Uttarakhand High Court
Yashpal Singh vs Uttarakhand Payjal Sansadhan Vikas ... on 5 May, 2017
Author: Alok Singh
Bench: K.M. Joseph, Alok Singh
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/B) No. 182 of 2017
Yashpal Singh ........Petitioner
Versus
Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam, 11
Mohini Road, Dehradun through its Managing Director.
...........Respondent
Mr. Bhagwat Mehra, Advocate for the petitioner.
Mr. M.S. Rawat, Advocate holding brief of Mr. D.S. Patni, Advocate for the respondent.
Dated: 05.05.2017
Coram: Hon'ble K.M. Joseph, C.J.
Hon'ble Alok Singh, J.
K.M. Joseph, C.J. (Oral) Petitioner 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 forthwith, details whereof is given in Para 8 of the Writ Petition."
2. Petitioner was an employee of the respondent Corporation. He retired as an Assistant Engineer in December, 2014. The complaint is about non-payment of the retirement benefits and suffering that is caused due to non payment.
3. We heard Sri Bhagwat Mehra, learned counsel for the petitioner and Sri M.S. Rawat, Advocate holding brief of Mr. D.S. Patni, learned counsel for the respondent.
4. More than two years have elapsed from the date of retirement. No doubt, apparently, the case of the respondent is lack of fund. We take note of the similar order, which had been passed by a 2 Bench of this Court on 30.11.2015 in Writ Petition (S/B) No. 494 of 2015 and connected cases.
5. We dispose of the writ petition as follows:
(i) Within a period of two months from today, the amount of leave encashment will be paid to the petitioner.
(ii) Within a period of five months from today, the amount due by way of commutation of pension will be paid to the petitioner.
(iii) The balance amount due by way of other benefits be paid to the petitioner within a period of seven months from today.
(iv) We also direct 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. It is brought to our notice that the Corporation had moved the Government of Uttarakhand seeking funds by communication dated 12.04.2017.
(Alok Singh, J.) (K.M. Joseph, C.J.) 05.05.2017 05.05.2017 Rathour