The court's decision was influenced by the undisputed claim for pay fixation and arrears of pay under the 7th Pay Commission, and the financial stringency of the respondent Sugar Company Ltd.

JUDGMENT

Vipin Sanghi, CJ. - The petitioner has preferred the present writ petition to seek the following reliefs:

i) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 1 to 3 to fix the pay of the petitioner after giving effect of the recommendations of the 7th Pay Commission w.e.f. 01.01.2016, as made admissible for the employees of the Centralized Services of the Sugar Mills of Co-operative as well as Public Sector.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to pay the arrears of difference in pay for the period from 01.01.2016 to 31.12.2018, i.e. the date of superannuation of the petitioner, which accrued to the petitioner on account of his pay fixation, subsequent to the grant of benefits of 7th Pay Commission; as well as difference in retiral dues calculated on the basis of previous pay and new pay fixation as of 31.12.2018.

iii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to pay the employer's contribution to the Provident Fund on the enhanced part of the pay for the period from 01.01.2016 to 31.12.2018.

iv) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 3 to pay the interest @ 12% on the arrears of difference in pay for the period that the payment has been delayed.

2. Though these reliefs squarely fall for consideration by the Uttarakhand Public Services Tribunal, since the petitioner is a public servant, on account of the fact that the respondents have reported instructions that they do not dispute the petitioner's claim for pay fixation and arrears of pay under the 7th Pay Commission w.e.f. 01.01.2016 till 31.12.2018, when the petitioner superannuated, and that the said payment could not be made on account of financial stringency of the respondent Sugar Company Ltd., we proceed to entertain this petition, and disposed it of.

3. We, accordingly, allow the first claim made by the petitioner and direct the respondent No. 3 - Sugar Company Ltd. to re-fix the pay of the petitioner w.e.f. 01.01.2016, after giving effect to the 7th Pay Commission report, and to pay him the arrears of pay from 01.01.2016 till the date of his retirement, i.e., 31.12.2018.

4. The amount shall be paid to the petitioner within five months from today. In case, the amounts are still not paid, the petitioner shall be entitled to interest at the rate of 6 per cent per annum from 15.05.2023 onwards till payment of the outstanding dues.

5. The writ petition stands disposed of in the aforesaid terms.