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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Virendra Kumar Sharma - Appellant
Versus
District Magistrate Nainital & Ors. - Respondents
Writ Petition (S/S) No. 1286 of 2021
Decided On : 09-11-2021
GPF Dues - Writ Petition - The court directed the petitioner to make a representation to the Competent Authority regarding the shortfall in GPF dues and interest, with a directive for the Competent Authority to consider the grievance sympathetically and take appropriate decision within a specified time frame.
Fact of the Case:
The petitioner sought a writ, order, or direction to compel the respondents to pay/release the GPF dues along with accrued interest, as the amount released fell short of the entitlement.
Finding of the Court:
The court disposed of the writ petition with liberty to the petitioner to make a representation to the Competent Authority within two weeks, and directed the Competent Authority to consider the grievance sympathetically and take appropriate decision within eight weeks.
Issues: Shortfall in GPF dues and interest payment to the petitioner.
Ratio Decidendi: The court emphasized the petitioner's right to make a representation to the Competent Authority and directed the Competent Authority to consider the grievance sympathetically and take appropriate decision within a specified time frame.
Final Decision: The writ petition was disposed of with the aforementioned directives to the petitioner and the Competent Authority.
JUDGMENT
Manoj Kumar Tiwari, J. - Heard learned counsel for the parties.
2. By means of this present writ petition, petitioner has sought following relief:
"I. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay/release the GPF dues of the petitioner in favour of the petitioner alongwith the interest accrued up to date.
3. Learned counsel for the petitioner submits that, subsequent to filing of the writ petition, some amount has been released in favour of the petitioner towards GPF, However, he submits that the amount released to the petitioner falls short of what petitioner is actually entitled to. He further submits that amount of interest is also to be paid to the petitioner.
4. Shri Narayan Dutt, Brief Holder appearing for respondent nos. 1 and 2 and Shri Rajesh Sharma, Advocate for respondent no. 3 submits that if the petitioner makes a representation to respondent no.2 ventilating his grievance, the same shall be considered sympathetically within a time frame to be fixed by this court.
5. In such view of this matter, the writ petition is disposed of with liberty to petitioner to make representation to the Competent Authority within two weeks. If such representation is made, the Competent Authority shall look into the grievance raised by the petitioner in his representation and take appropriate decision, in accordance with law, within eight weeks.
6. Let a certified copy of this order be issued be issued within 24 hours.
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