Disposed

Pratap Singh Jeena v. State of Uttarakhand

Uttarakhand HC8 Jul 2022WPSS/1285/2022

Case brief

AI extract

What is this about?

In a writ petition filed by a retired employee seeking payment of outstanding retirement dues, the court directed the respondent authority to pay gratuity with interest within two months, leave encashment within four months, and all other dues within five months. A separate representation regarding pay fixation was directed to be decided within eight weeks.

What did the court decide?

Payment of gratuity within two months with interest; leave encashment within four months; all other dues within five months; 5% simple interest on delay; pay fixation representation decided in eight w

SL.
No

Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

WPSS No. 1285 of 2022
Hon’ble Man oj Ku m ar Tiw ar i, J.

Mr. K.K. Harbola, Advocate for the
petitioner.
Mr. Rakesh Kunwar, Additional C.S.C.
for the State of Uttarakhand.
Mr. Bhupendra Singh Bisht, Advocate
for respondent no. 2.
Heard learned counsel for the parties.

Petitioner
served
as
Chowkidar
in
Uttarakhand Peyjal Sansadhan Vikas Evam
Nirman Nigam and retired from service on
30.11.2021.
Since retiral dues have not been paid

to him so far, therefore, he has filed this
writ petition seeking a direction to the

respondents
to
release
his
outstanding
dues.
Learned counsel for respondent no. 2,
on instructions, submits that all the dues, as

claimed by the petitioner in the relief

clause,
have
been
duly
sanctioned,

however, on account of financial crunch

faced by Uttarakhand Peyjal Sansadhan

Vikas Evam Nirman Nigam, outstanding

dues could not be paid to petitioner. He,
however, assures the Court that all the

outstanding dues would be released to petitioner as soon as possible. In such view of the matter, the writ
petition is disposed of with the following directions: The amount of gratuity shall be paid to the petitioner within two months from the
date of production of certified copy of the
order. The amount of gratuity shall also
carry interest as per the provisions of
Payment of Gratuity Act, 1972. The amount
of leave encashment shall be paid to the petitioner within four months from the date of production of certified copy of the order. All other dues shall be paid to the petitioner
positively within a period of five months
from the date of production of certified copy
of the order. In case of any further delay
beyond the stipulated period, petitioner
shall also be entitled to simple interest @
5% per annum on such delayed payment. Representation submitted by the
petitioner, regarding his pay fixation, shall
also be decided by Managing Director,
within eight weeks from today. ( Man oj Ku m ar Tiw ar i, J.) 08.07.2022 Arpan

outstanding dues would be released to
petitioner as soon as possible.
In such view of the matter, the writ

petition is disposed of with the following
directions:
The amount of gratuity shall be paid to
the petitioner within two months from the

date of production of certified copy of the

order. The amount of gratuity shall also

carry interest as per the provisions of

Payment of Gratuity Act, 1972. The amount

of leave encashment shall be paid to the
petitioner within four months from the date
of production of certified copy of the order.
All other dues shall be paid to the petitioner

positively within a period of five months

from the date of production of certified copy

of the order. In case of any further delay

beyond the stipulated period, petitioner

shall also be entitled to simple interest @

5% per annum on such delayed payment.
Representation
submitted
by
the

petitioner, regarding his pay fixation, shall

also be decided by Managing Director,

within eight weeks from today.
( Man oj Ku m ar Tiw ar i, J.)
08.07.2022
Arpan

Pratap Singh Jeena v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Pratap Singh Jeena v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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