Uttarakhand High Court
Mahendra Singh Rautela vs Uttarakhand Payjal Sansadhan Vikas ... on 19 May, 2017
Bench: K.M. Joseph, Sharad Kumar Sharma
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/B) No. 207 of 2017
Mahendra Singh Rautela ........Petitioner.
Versus
Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam.
...........Respondent.
with
Writ Petition (S/B) No. 208 of 2017
Basant Kumar Tewari ........Petitioner.
Versus
Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam.
...........Respondent.
with
Writ Petition (S/B) No. 209 of 2017
Mohan Chandra Upreti ........Petitioner.
Versus
Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam.
...........Respondent.
with
Writ Petition (S/B) No. 214 of 2017
Pooran Chandra Joshi ........Petitioner.
Versus
Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam.
...........Respondent
Mr. Bhagwat Mehra, Advocate for the petitioners.
Mr. D.S. Patni, Advocate for the respondents.
Dated: 19.05.2017
Coram: Hon'ble K.M. Joseph, C.J.
Hon'ble Sharad Kumar Sharma, J.
[ K.M. Joseph, C.J. (Oral) These matters being connected, we are disposing of the same by this common judgment.
2
2. The petitioners in all these cases are the retired employees of the Respondent‐Corporation. The complaint is that their retiral benefits have not been disbursed. They rely on the judgment of this Court in Writ Petition (S/B) No. 494 of 2015 and connected cases.
3. We heard Mr. Bhagwat Mehra, learned counsel on behalf of the petitioners and Mr. D.S. Patni, learned counsel on behalf of the respondent‐Corporation.
4. Learned counsel for the respondent‐Corporation would point out that there is financial stringency. He would also submit that a communication has been sent by the Corporation to the Government on 12.04.2017 pointing out the financial position. He further submits that an amount of Rs. 40 crores has already been released but the total liability would be about Rs. 83 crores.
5. Having heard learned counsel for the parties, we dispose of these writ petitions by directing as follows:
(i) Within a period of two months from today, the amount of leave encashment will be paid to the petitioners.
(ii) Within a period of five months from today, the amount due by way of commutation of pension will be paid to the petitioners.3
(iii) The balance amount due by way of other benefits will be paid to the petitioners within a period of seven months from today.
(Sharad Kumar Sharma, J.) (K.M. Joseph, C.J.) 19.05.2017 19.05.2017 Rahul