2025:UHC:3917-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB No. 490 of 2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. I.P. Gairola, Advocate for the petitioner. 2. Mr. S.K. Nailwal, Standing Counsel for the State of Uttarakhand / respondent no. 1. 3. Mr. Dharmendra Barthwal, Advocate for respondent no. 2. 4. Petitioner was employed with Uttarakhand Power Corporation Ltd. and he retired from the post of Executive Engineer on 31.10.2020. This writ petition was filed by him in 2021, seeking the following relief:- ”(i) issue a writ, order or direction in the nature of mandamus, commanding/directing the respondent no. 2 to pay the pension, gratuity and commutation amount of pension alongwith interest @ 9% per annum on the arrears of amount to the petitioner without further delay.” 5. As per case set up in the writ petition, till the date of filing of writ petition, no payment was made to petitioner towards retiral benefits. 6. Learned counsel for petitioner submits that subsequent to filing of the writ petition, the retiral dues were released in favour of petitioner in July, 2022. Thus he submits that there is delay of more than 18 months in payment of retiral dues, therefore, Uttarakhand Power Corporation Ltd. be 2025:UHC:3917-DB directed to pay interest @ 9% per annum to petitioner. 7. Although, a short counter affidavit has been filed by Mr. K.B. Choubey, General Manager (Human Resource), Uttarakhand Power Corporation Ltd., however, the said affidavit is absolutely silent as to whether the petitioner is responsible for the delay or the employer is responsible. 8. Mr. Dharmendra Barthwal, learned counsel appearing for Uttarakhand Power Corporation Ltd. has drawn our attention to a letter dated 16.03.2022, which is on record as Annexure-1 to the short counter affidavit. The said letter was issued by General Manager (Human Resource) to Deputy General Manager (Finance). Thus, it is apparent that the pension papers of petitioner were forwarded to Deputy General Manager (Finance) after 15 months of petitioner’s retirement. 9. In such view of the matter, we direct the employer i.e. Uttarakhand Power Corporation Ltd. to pay interest @ 5% per annum to petitioner for the delayed payment of retiral dues, within three months. 10. The writ petition is, accordingly, disposed of. (Ashish Naithani, .J.) (Manoj Kumar Tiwari, .J.) 14.05.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a1 31bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56 D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.05.16 10:43:26 -07'00'