Uttarakhand High Court
WPSS/1603/2021 on 16 December, 2021
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes, reports,
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Date COURT'S OR JUDGES'S ORDERS
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16.12.2021
WPSS No. 1603 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. I.D. Paliwal, Advocate, for the petitioner.
Mr. Bhupendra Singh Bisht, Advocate, for the respondents.
Few facts, which are not in controversy, that the petitioner, who was working with the respondents, had attained the age of superannuation on 31st May 2020, having retired from the post of Chowkidar.
The grievance of the petitioner is, that despite the claim raised by him by submitting various representations before the respondents, for the remittance of the sanctioned pensionary benefits, as well as other benefits, no heed has been paid by the respondents for the disbursement of the amount; though the petitioner contends that he would be entitled to receive the gratuity amount as assessed to be Rs. 7,10,892/-, with interests, payable on it, in accordance with the provisions contained under Section 7(3A) of the Payment of Gratuity Act, as well as the claim for leave encashment, which has been assessed to be Rs. 4,58,640/-, and lastly, the remittance of the arrears of 7th Pay Commission as to Rs. 1,03,446/-.
The petitioner's counsel contends that on attaining the age of superannuation, the petitioner would be entitled to receive the said amount, as it was validly due to be paid to him by the respondents for the services, which had been rendered by the petitioner ever since his initial induction till the attainment of the age of superannuation.
The petitioner's counsel further contends that the issue stands covered by the directions, which have been rendered by this Court in a writ petition, being WPSS No. 1486 of 2021, Budh Ram Vs. Uttarakhand Transport Corporation and others, which, in turn, had foundationed the judgement, on the basis of the judgement rendered by the Division Bench of this Court on 30th November 2015, as rendered in a bunch of writ petitions, with leading writ petition, being WPSB No. 494 of 2015, Lalita Prasad Tewari Vs. Uttarakhand Payjal Sansadhan Vikas Evam Nirman Nigam.
Apart from it, it is further an admitted fact on part of the respondents, wherein the counsel for the respondents, appearing on their behalf, submitted that the issue also stands covered by the judgement, which was rendered by this Court on 1st December 2021, in writ petition, being WPSS No. 1512 of 2021.
In that eventuality, this writ petition too is being disposed of under the same terms and conditions of the Division Bench of this Court with the directions, that the different heads of claim, as raised by the petitioner in the present writ petition, would be ensured to be remitted to the petitioner in accordance with the time schedule, as it has been laid down by the Division Bench's judgement, referred to herein above, along with the statutory interests, payable on the gratuity amount under Section 7(3A) of the Payment of Gratuity Act.
Subject to above observations the writ petition stands disposed of.
(Sharad Kumar Sharma, J.) 16.12.2021 Mahinder/