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Uttarakhand High Court

Bahadur Singh Dosad vs Uttarakhand Payjal Sansadhan Vikas ... on 19 April, 2017

Author: V.K. Bist

Bench: V.K. Bist, Alok Singh

         IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
                                Writ Petition No. 89 (SB) of 2017

Bahadur Singh Dosad.                                                                           .......Petitioner.

                                                                     Versus
Uttarakhand Payjal
and another.                                                                                  .......Respondents.

Present:
Mr. K.K. Harbola, Advocate holding brief of Mr. Bhagwat Mehra, Advocate for the petitioner.
Mr. D.S. Patni, Advocate for respondent no. 1.
Mr. Paresh Tripathi, Chief Standing Counsel for the State of Uttarakhand.



                                                 Coram:
                                                 Hon'ble V.K. Bist, J.

Hon'ble Alok Singh, J.

Hon. V.K. Bist, J. (Oral) Petitioner was employee of respondent no. 1 - Corporation. He was retired in 2015. The complaint is that the retirement benefits due to him have not been paid. The benefits include commutation, leave encashment, etc. We have heard Mr. K.K. Harbola, Advocate for the petitioner, Mr. D.S. Patni, Advocate for respondent no. 1 and Mr. Paresh Tripathi, Chief Standing Counsel for the State of Uttarakhand.

Mr. D.S. Patni, Advocate for respondent no. 1 does not dispute the liability but he does not of course agree to the exact amount due. His main contention is paucity of funds. He would further submit that in fact, the respondent no. 1 has moved the Government and repeated demands were made. Mr. Paresh Tripathi, learned Chief Standing Counsel appearing for the State, would in fact submit that the Corporation has to pay from its own funds and there is no obligation on the Government.

Petitioner is retired employee and we feel that it will be unfair to deprive him of the benefits. After hearing the learned counsel for the parties, we dispose of the writ petition as follows:

i. Amount of leave encashment be paid to the petitioner on or before 31.05.2017.

ii. Amount due by way of commutation of pension be paid to the petitioner within five 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. We also direct that if the Corporation / respondent no. 1 has moved the Government of Uttarakhand seeking funds for the payment of said amounts, the Government of Uttarakhand will consider the said request in accordance with law at the earliest.

                 (Alok Singh, J.)                    (V.K. Bist, J.)
                    19.04.2017                           19.04.2017
SKS