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2025 DAILYLAW 14672 (UTT)

SONI v. STATE OF UTTARAKHAND

WPSS/1885/2025 · 2025-11-12

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9981 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS No. 1885 of 2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Tarun Prakash Singh Takuli, Advocate for the petitioner. 2. Mr. N.K. Papnoi, Standing Counsel for the State of Uttarakhand/respondent nos. 1 & 2. 3. Mr. Bhupendra Singh Bisht, Advocate for respondent no. 3. 4. Petitioner retired as Safai Karmi from Nagar Palika Parishad, Nainital on 30.11.2024 after rendering regular service of more than 34 years. Since her retiral dues have not been released so far, therefore, petitioner has approached this Court seeking the following relief:- “i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to release the gratuity of Rs.10,18,368.00 (Rupees Ten Lakhs, Eighteen Thousand, Three Hundred Sixty Eight only) in favour of the petitioner as early as possible as the petitioner has been retired from the post of ‘Paryavaran Mitra’ on 30-11-2024 but the respondent no. 3, even after the lapse of about 1 year, has not paid the aforesaid dues to the petitioner, which creates great hardship, irreparable loss and injury to the petitioner and the same cannot be compensated by any means.” 5. Mr. Bhupendra Singh Bisht, learned counsel appearing for Nagar Palika Parishad, on instructions, submits that the 2025:UHC:9981 Commissioner, Kumaon Division has sanctioned a sum of `10,18,368/- payable as gratuity to the petitioner, vide order dated 22.04.2025, however, the said amount could not be released so far due to paucity of funds. He further submits that petitioner is also entitled to pension along with arrears, leave encashment and gratuity, which shall be released to the petitioner, as early as possible, as and when the funds are released by the State Government. 6. Since petitioner’s claim for retiral dues is not disputed by Nagar Palika Parishad, therefore, the writ petition is disposed of with a direction to the Executive Officer, Nagar Palika Parishad to ensure that the amount of gratuity is paid to the petitioner within two months from today and the other pending dues of the petitioner, including arrears of pension is released within five months from today. The request, if made by the Nagar Palika Parishad for release of funds, shall be sympathetically considered by the State Government. (Manoj Kumar Tiwari, J.) 12.11.2025 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=3be23325146e76a0642bdf4943fb90 46f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103 819DA875643AF56D653D095C6ED9A86DAAB 21CE5, cn=NAVEEN CHANDRA Date: 2025.11.13 09:58:52 +05'30'