HIGH COURT OF UTTARAKHAND
AVDHESH KUMAR AGNIHOTRI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPSS 2339 / 2022
Office Notes,
reports, orders or proceedings
S N L o . .
Date or directions COURT’S OR JUDGE’S ORDERS
and Registrar’s
order with Signatures
WPSS 2339/ 2022
Hon’ble Manoj Kumar Tiwari, J.
Mr. S.K. Mandal, Advocate, for the
petitioner.
Mr. Ganesh Dutt Kandpal, Deputy
AG, for the State.
(2) Learned Counsel for the petitioner submits that petitioner was serving as Cadre Secretary in Primary Agriculture Cooperative Society in District Udham Singh Nagar, who retired on 31.7.2022, however his retiral dues have not been released so
far.
(3) By means of this writ petition,
petitioner has sought the following relief:
“I. Issue a writ order or direction
in the nature of mandamus directing and commanding the respondents to pay the entire retirement dues, LIC, gratuity, fund and leave encashment to the petitioner with admissible interest expeditiously within
definite span of time.”
(4) Learned State Counsel was asked to get instruction as to whether there is any adverse material against the petitioner or whether any enquiry is pending against him. Today, he produced in Court letter no. 1953 dated 10.9.2025, received by his office from District Assistant Registrar, Udham Singh Nagar, which is taken on record. Perusal of the said letter reveals that outstanding dues of the petitioner were withheld because of enquiry ongoing against him at the time of his retirement, however, in the enquiry, no adverse material against the petitioner came to light and, presently, there is no enquiry pending
against him.
(5) Since District Assistant Registrar admits that there is no adverse material against the petitioner nor any enquiry is pending against him, therefore, withholding his retiral dues is unjust and uncalled for.
(6) Accordingly, writ petition is disposed of with a direction to District Assistant Registrar to release petitioner’s retiral dues including amount of insurance, gratuity and leave encashment, within six weeks from the date of production of certified copy of this order. In case of default, the amount shall carry simple interest @ 6 per cent per annum.
(Manoj Kumar Tiwari, J.)
11.9.2025 Pr PRABODH KUMARDiNg:tca=2lI0y s,5o.n9e1dGb8CP4RA3BT7O+FHK'UMu2.5403a89f17c6ebd, postlC=UTARKHNDriumbCE86B94F52739E, cn=PROHKUM
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