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Uttarakhand High Court

Durga Prasad Kala vs State Of Uttarakhand And Another on 25 July, 2018

Author: V.K. Bist

Bench: V.K. Bist

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

          Writ Petition (S/S) No. 2398 of 2018

Durga Prasad Kala.                                 .......Petitioner
                              Versus
State of Uttarakhand & another                  ......Respondents
Mr. K.K. Harbola, Advocate for the petitioner.
Mr. M.C. Tewari, Deputy Advocate General for the State of Uttarakhand/
respondent no. 1.
Mr. D.S. Patni, Advocate for respondent no. 2.

                          Dated: 25th July, 2018

Hon'ble V.K. Bist, J.

Petitioner has approached this Court seeking the following relief:

"(i) To issue a writ order or direction in the nature of Mandamus commanding the Respondents to forthwith release the outstanding retrial benefits to the petitioner forthwith, details whereof is given in Para 7 of the Writ Petition."

2. 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, arrears of salary, arrears of pension, arrears of 7th Pay Commission and amount of G.I.S.

3. Heard learned counsel for the parties.

4. Mr. D.S. Patni, learned counsel for the respondent Corporation, 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. He would further submit that, in fact, the Corporation has moved the Government and repeated demands were made.

5. 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.K. Bist, J.) 25.07.2018 Arpan