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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Gajendra Singh Salal - Appellant
Versus
State of Uttarakhand & Anr. - Respondents
Writ Petition (S/B) No. 668 of 2022
Decided On : 06-12-2022
Retiral Dues - Non-release of Arrears and Dearness Allowance - The court directed the respondent to release the Dearness Allowances within five months and arrears of 7th Pay Commission within six months.
Fact of the Case:
The petitioner's retiral dues, including arrears of 7th Pay Commission and Dearness Allowance, were sanctioned but not paid due to paucity of funds.
Finding of the Court:
The court found that the paucity of funds cannot be cited as a reason to deny the retired employee his dues and directed the respondent to release the pending amounts within specified timeframes.
Issues: Non-release of retiral dues due to paucity of funds.
Ratio Decidendi: Paucity of funds cannot be cited as a reason to deny the retired employee his dues.
Final Decision: The court disposed of the petition with a direction to the respondent to release the Dearness Allowances within five months and arrears of 7th Pay Commission within six months.
JUDGMENT
Vipin Sanghi, CJ. - Issue notice. Notice is accepted on behalf of the respondents by the learned counsels.
2. The limited grievance of the petitioner is with regard to non-release of the petitioner's retiral dues which are claimed to be as follows:-
| A. | Arrears of 7th Pay Commission | Rs.1,52,619/- (approx) (sanctioned but not paid) |
| B. | Dearness Allowance | Rs.1,00,701/- (approx) (sanctioned but not paid) |
|
| Total Amount | Rs.2,53,320/- (approx) |
3. Mr. Bhupendra Singh Bisht, learned counsel for respondent No. 2 states that due to paucity of fund, the respondent has not been able to make payment to him. That cannot be cited as a reason to deny the retired employee his dues.
4. We, therefore, dispose of the present petition with direction to the respondent to release the Dearness
5. Allowances within five months, and arrears of 7th pay Commission within six months.
Paucity of funds cannot be used as a reason to deny a retired employee's dues.
Paucity of funds cannot be cited as a reason to deny the payment of retiral dues to a retired employee.
Pension is a right, not a privilege, and must be paid promptly as per statutory rules, with interest for delays.
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