Disposed¶4

Soni v. State of Uttarakhand

Uttarakhand HC12 Nov 2025WPSS/1885/2025

Case brief

AI extract

What is this about?

Keywords: retiral dues; gratuity; pension arrears; leave encashment; Nagar Palika Parishad Nainital; Safai Karmi; Paryavaran Mitra; Executive Officer; Commissioner Kumaon Division; paucity of funds; writ of mandamus; WPSS No. 1885 of 2025; Uttarakhand High Court; Manoj Kumar Tiwari. Useful for: directions for time-bound release of post-retirement benefits of municipal employees where gratuity stands sanctioned but remains unpaid for want of funds.

What did the court decide?

Direction to the Executive Officer, Nagar Palika Parishad to pay the petitioner's gratuity within two months and to release other pending dues, including arrears of pension, within five months; any request by the Nagar Palika Parishad for release of funds to be sympathetically considered by the State Government. ¶4

Soni Vs State of Uttarakhand — Uttarakhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent no. 3 (Nagar Palika Parishad) should be directed, by way of mandamus, to release the petitioner's gratuity of Rs. 10,18,368 and other retiral dues.

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Ratio / Principle

The Court proceeded on the footing that the petitioner's claim for retiral dues was not disputed by Nagar Palika Parishad.

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Key takeaways

The writ petition is disposed of with a direction to the Executive Officer, Nagar Palika Parishad to ensure that the amount of gratuity is paid to the petitioner within two months.ratio¶4
The other pending dues of the petitioner, including arrears of pension, are to be released within five months.ratio¶4
Any request made by the Nagar Palika Parishad for release of funds shall be sympathetically considered by the State Government.ratio¶4

Detailed headnote1 paragraphs

High Court of Uttarakhand (Manoj Kumar Tiwari, J.), WPSS No. 1885 of 2025, decided 12.11.2025 — Release of retiral dues of retired municipal employee. The petitioner retired as Safai Karmi from Nagar Palika Parishad, Nainital on 30.11.2024 after more than 34 years of regular service and sought a mandamus for release of gratuity of Rs. 10,18,368 and other retiral dues. The Commissioner, Kumaon Division had already sanctioned the gratuity vide order dated 22.04.2025, but payment was pending due to paucity of funds. Since the claim for retiral dues was not disputed by the Nagar Palika Parishad, the Court disposed of the writ petition, directing the Executive Officer, Nagar Palika Parishad to ensure payment of gratuity within two months and release of other pending dues, including arrears of pension, within five months, with any request for funds to be sympathetically considered by the State Government.

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2025:UHC:9981

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SL. No.	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGE’S ORDERS
			WPSS No. 1885 of 2025 Hon’ble Manoj Kumar Tiwari, J.
			Mr. Tarun Prakash Singh Takuli, Advocate for the petitioner. 2. Mr. N.K. Papnoi, Standing Counsel for the State of Uttarakhand/respondent nos. 1 & 2. 3. Mr. Bhupendra Singh Bisht, Advocate for respondent no. 3. 4. Petitioner retired as_Safai Karmi_from
			Nagar Palika Parishad, Nainital on 30.11.2024 after rendering regular service of more than 34 years. Since her retiral dues have not been released so far, therefore, petitioner has approached this Court seeking the following relief:- “i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to release the gratuity of Rs.10,18,368.00 (Rupees Ten Lakhs, Eighteen Thousand, Three Hundred Sixty Eight only) in favour of the petitioner as early as possible as the petitioner has been retired from the post of ‘Paryavaran Mitra’ on 30-11-2024 but the respondent no. 3, even after the lapse of about 1 year, has not paid the aforesaid dues to the petitioner, which creates great hardship, irreparable loss and injury to the petitioner and the same cannot be compensated by any means.”
			5. Mr. Bhupendra Singh Bisht, learned counsel appearing for Nagar Palika Parishad, on instructions, submits that the

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2025:UHC:9981

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Commissioner, Kumaon Division has sanctioned a sum of`10,18,368/- payable
as gratuity to the petitioner,_vide_order
dated 22.04.2025, however, the said
amount could not be released so far due to paucity of funds. He further submits that petitioner is also entitled to pension along
with arrears, leave encashment and
gratuity, which shall be released to the
petitioner, as early as possible, as and when
the funds are released by the State
Government. 6. Since petitioner’s claim for retiral dues
is not disputed by Nagar Palika Parishad,
therefore, the writ petition is disposed of
with a direction to the Executive Officer,
Nagar Palika Parishad to ensure that the
amount of gratuity is paid to the petitioner within two months from today and the other
pending dues of the petitioner, including
arrears of pension is released within five
months from today. The request, if made by
the Nagar Palika Parishad for release of
funds, shall be sympathetically considered
by the State Government. (Manoj Kumar Tiwari, J.) 12.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb90 46f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103 819DA875643AF56D653D095C6ED9A86DAAB 21CE5, cn=NAVEEN CHANDRA Date: 2025.11.13 09:58:52 +05'30'

Soni v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Soni v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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