HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.2314 of 2024 (S/S) Gaina Singh ….......Petitioner Vs. State of Uttarakhand and others ……....... Respondents Present : Mr. Rohit Kumar Gaur, Advocate for the petitioner. Mr. Ganesh Kandpal, Deputy Advocate General for the State/respondent nos.1 and 2. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioner seeks the following reliefs:- “i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to pay and release forthwith the Leave Encashment, G.I.S., Gratuity with interest in terms of section 7(3- A) of Payment of Gratuity Act 1972 from the date it become due till the date the actual payment of amount of gratuity is made available to the petitioner. ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to pay the arrear of 6th pay commission from 01-01-2009 to 31- 12-2015 and arrear of 7th pay commission from 01-07-2018 to 31-08-2023 (the date of superannuation of the petitioner to the post of Cadre Secretary) alongwith Statutory Interest. 2 iii) Issue any other writ order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. iv) Award the cost of the writ petition in favour of the Petitioner.” 2. Heard learned counsel for the parties and perused the record. 3. At the very outset, learned counsel for the petitioner would submit that the matter is squarely covered by the judgment dated 04.09.2017, passed by the Division Bench of this Court in Special Appeal No.202 of 2017, State of Uttarakhand and others vs. Dharmanand Uniyal and others; and connected cases. 4. Learned State Counsel admits this fact. 5. The matter is covered, therefore, instant petition is decided in terms of the judgment dated 04.09.2017, passed by the Division Bench of this Court in Special Appeal No.202 of 2017, State of Uttarakhand and others vs. Dharmanand Uniyal and others; and connected cases. (Ravindra Maithani, J.) 24.06.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd5 04686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD 8EC450A84B515A087CAEFD1B3179A7DEAE406 99, cn=SANJAY KANOJIA Date: 2025.06.26 14:04:59 +05'30'