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2021 Supreme(UK) 53
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Puran Chandra Pandey - Appellant
Versus
Government Of Uttarakhand & Ors. - Respondent
Writ Petition (S/S) No. 414 of 2021
Decided On : 18-03-2021
Shruti Joshi, Advocate, Sushil Vashishta, Advocate, Ashish Joshi, Advocate
The court balanced the financial positions of the department and the petitioner and ordered the payment of retiral dues in equal installments within six months.
Headnote:
retiral dues - Uttarakhand Transport Corporation - The court directed the respondents to pay the post retiral dues of the petitioner within six months in equal installments.
Fact of the Case:
The petitioner, a retired head clerk from Uttarakhand Transport Corporation, sought payment of his retiral dues, which had not been paid despite serving for 37 years.
Finding of the Court:
The court directed the respondents to pay the petitioner's admissible dues within six months in equal installments, considering the petitioner's critical financial position.
Issues: Non-payment of retiral dues, financial crunch of the department, and the petitioner's critical financial position.
Ratio Decidendi: The court balanced the department's financial crunch with the petitioner's critical financial position and ordered the payment of dues in equal installments within six months.
Final Decision: The writ petition was disposed of with the direction to the respondents to make payment of all admissible dues to the petitioner within six months in equal installments.
JUDGMENT
Ravindra Maithani, J. - Petitioner seeks the following reliefs:-
(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the post retiral dues of the petitioner to the tune of Rs.21,49,155/- (Twenty one lakhs forty nine thousand one hundred fifty five rupees only) who is superannuated from the post of head clerk, Uttarakhand Transport Corporation, Kathgodam Depot, Nainital.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay interest on the due amount up to the actual payment of the amount in question.
(iii) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iv) Award the cost of writ petition to the petitioner."
2. It is the case of the petitioner that having served with the Uttarakhand Transport Corporation for about 37 years, the petitioner retired from service on 31.01.2020. But, his retiral dues have not been paid.
3. At the very outset, learned counsel for respondent nos. 2 to 4 would submit that the department admits the claim of the petitioner, but due to financial crunch the payment could not be made in near future and respondent nos. 2 to 4 seek twelve months time to pay the dues in installments.
4. Learned counsel for the petitioner would submit that the petitioner is in critical financial position and he needs immediate relief. Therefore, the time for payment may be reduced.
5. The writ petition is disposed of with the direction to respondent nos. 2 to 4 to make payment of all admissible dues to the petitioner within six months in equal installments. The first installment shall become due within thirty days from today.
