The court disposed of a writ petition seeking mandamus to release pensionary benefits including gratuity and leave encashment. It directed the respondent to finalize and pay the dues within four months.
Directed the respondent to finalize pensionary benefits and pay the petitioner within four months.
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Court No. - 36
Case :- WRIT - A No. - 1979 of 2021 Petitioner :- Mukesh Chandra Sharma Respondent :- U.P. Jal Nigam And 5 Others Counsel for Petitioner :- Rajesh Sharma Counsel for Respondent :- Pranjal Mehrotra
Hon'ble Mrs. Sunita Agarwal,J.
Sri Pranjal Mehrotra learned counsel has received notice on behalf of the U.P. Jal Nigam.
The petitioner is seeking a writ in the nature of mandamus directing the respondent to release the amount of gratuity, GIS and leave encashment to the petitioner pending before them.
The contention is that the petitioner had superannuated on 29.02.2020 and for the period of approximately one year, the retiral benefits have not been released by the respondents.
Sri Pawan Kumar Mishra holding brief of Sri Pranjal Mehrotra learned counsel for the U.P. Jal Nigam states that the Jal Nigam is facing financial crisis. However, efforts are being made to release the retiral benefits of its employees and as per his instruction the payment of retiral dues of the petitioner would be made within the period of four months.
In view of the statement on behalf of the respondent-U.P. Jal Nigam, the present writ petition is being disposed of with the direction to the respondent No.6 i.e. Executive Engineer Construction Division (II), U.P. Jal Nigam, Aligarh to finalize the pensionary benefits admissible to the petitioner and forward the same to the respondent No.3 namely Chief Accountants Officer (Pension), Lucknow for payment to the petitioner within the period of four months from today, failing which, it would be open for the petitioner to initiate appropriate legal proceeding against the respondents.
Order Date :- 9.2.2021 Himanshu
Digitally signed by Justice Sunita Agarwal Date: 2021.02.09 17:42:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the respondent is liable to release the amount of gratuity, GIS and leave encashment to the petitioner who superannuated.
Mukesh Chandra Sharma
U.P. Jal Nigam
Executive Engineer Construction Division (II), U.P. Jal Nigam, Aligarh
Chief Accountants Officer (Pension), Lucknow
Sunita Agarwal
As recorded by the court registry
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