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2025 DAILYLAW 13956 (UTT)

SURESH CHANDRA PAWAR v. CHAIRMAN UTTARAKHAND SEEDS AND TARAI DEVELOPMENT CORPORATION LTD

WPSB/585/2019 · 2025-08-06

Manoj Kumar Tiwari, Subhash Upadhyay

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Judgment text

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2025:UHC:6905-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/585/2019 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. (Per: Hon’ble Manoj K. Tiwari, J.) 1. Ms. Indu Sharma, learned counsel for the petitioner. 2. Mr. Aditya Pratap Singh, learned counsel for the respondents. 3. Petitioner retired from the post of Joint Chief Seed Production Officer from Uttarakhand Seeds and Tarai Development Corporation Ltd. According to him, his retiral dues were not properly calculated and he was offered less amount, as terminal benefit, therefore, he filed this writ petition, seeking the following reliefs:- (i) Issue a writ order or direction in the nature of certiorari for quashing the order dated 4 may 2019 (annexed as Annexure no. 3) to the extent passed by respondent no. 2 managing director Uttarakhand seed by which the respondent authorities rejected the legitimate claim of the petitioner in cursory manner without applying the relevant rules and regulation in the present matter. (ii) Issue a writ order or direction in the nature of mandamus directing the respondents to pay entire benefits to petitioner in representation dated 1.03.2019 that is amount of Rs. 1,20,597 wrongly deducted from the payment of provident fund and gratuity of petitioner as bank SBI loan, 98 days Earned leaves Medical leave for period 17.11.2001 24.02.2002, Group Insurance amount of Rs. 36,658, ex gratia payment from 2000-2001 and 2002-2003, house rent payable from 16.11.2001 to 24.2.2002, salary of October 2002 as per law. (iii) Issue a writ order or direction in the nature of 2025:UHC:6905-DB mandamus directing to respondents to pay legitimate service benefits to petitioner and not to act arbitrarily despite the fact that petitioner had submitted his reply as asked by authorities by the order dated 4 may 2010 within prescribed time. (iv) Issue a writ order or direction in the nature of mandamus directing the respondent authorities to pay compensation to the petitioner with interest in view of the fact that despite direction given by Hon’ble court, the petitioner is 73 years old retired person, the authorities are adamant to not to pay the legitimate service benefits of petitioner. 4. This Court passed an order on 14.08.2024 permitting the petitioner to make representation to the Competent Authority, indicating the breakup of the amount, which allegedly was yet to be paid to him and the Competent Authority was directed to take decision on the representation, within three weeks. 5. Pursuant to the said order, petitioner made a representation. The said representation was decided by Managing Director, Uttarakhand Seeds & Tarai Development Corporation Ltd., Pantnagar vide order dated 11.04.2025, copy whereof is produced in Court by Mr. Aditya Pratap Singh, learned counsel appearing on behalf of the respondents, which is taken on record. 6. In the said order, Managing Director reiterated that the amount, which was earlier offered to petitioner, as terminal benefit, was correct and the claim, staked by the petitioner for more amount, is without any basis. 7. Mr. Aditya Pratap Singh, learned counsel appearing for the respondents submits that petitioner has made a representation on 10.07.2025 in which 2025:UHC:6905-DB he had reiterated the breakup of the retiral dues, as given in the earlier representation and has requested that the amount payable to him may be re- calculated by some suitable person. He assures that the claim staked by the petitioner in his subsequent representation will be got examined by an independent person, having expertise in accountancy, and after re-considering the matter, fresh order shall be passed. 8. Mr. Aditya Pratap Singh, learned counsel for the respondents further submits that Managing Director will also provide reasonable opportunity of hearing to petitioner in support of his representation, before passing any order. 9. In view of the statement made by learned counsel for the respondents, we dispose of the writ petition by providing that in view of health condition of petitioner, respondent no. 2 shall provide him a Video Conferencing Link, so that petitioner may have his say in the matter virtually. We hope and expect that necessary order shall be passed by respondent no. 2, within four weeks from today. Petitioner shall be at liberty to re- approach this Court, if he is not satisfied with the decision. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 06.08.2025 Aswal 2025:UHC:6905-DB