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2025 DAILYLAW 2771 (UTT)

SOHAN LAL GAUR v. STATE OF UTTARAKHAND

WPSS/200/2025 · 2025-02-21

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 200 of 2025 Sohal Lal Gaur ……….....Petitioner Versus State of Uttarakhand and Another ….…..Respondent Present:- Mr. K.K. Harbola, Advocate for the petitioner. Mr. Pradeep Hairiya, Standing Counsel for the State. Mr. Mukesh Singh Rawat, Advocate holding brief of Mr. S.S. Chauhan, Advocate for the respondent no.2. Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioner seeks the following reliefs:- i) To issue a writ order or direction in the nature of Mandamus commanding the Respondents to forthwith release the outstanding retiral benefits to the petitioner, details whereof is given herein below:- A) Gratuity =Rs.10,62,369/-(approx.) (Sanctioned but not paid) B) Leave Encashment (300 days) = Rs.6,43,860/- (approx.) (Sanctioned but not paid) C) Remaining Dearness Allowances 5% to 7%, 7% to 9%, 9% to 12%, 2 12% to 17%, 28% to 31%, 38% to 42%, 42% to 46%, 46% to 50%, 125% to 132% and 132 % to 136% = 1,03,295/-(approx.) (Sanctioned but not paid) D) Arrears of 7th Pay Commission w.e.f. 01.01.2017 to 30.09.2017 = Rs.42,840/-(approx.) (Sanctioned but not paid) Total = Rs.18,52,364/-(Approx.) ii) To issue any other suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. iii) To award the cost of the writ petition in favour of the petitioner. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for respondent no.2 would submit that the department admits the claim of the petitioner, but due to paucity of funds, department needs some time to make payment. It is also submitted that the case is covered by the judgment of this Court dated 30.11.2015, passed in Writ Petition (S/B) No.494 of 2015 and connected matters. 3 4. In view of the submission made, the writ petition stands disposed of in terms of the order dated 30.11.2015, passed in Writ Petition (S/B) No.494 of 2015 and connected matters, by this Court. (Ravindra Maithani, J.) 21.02.2025 Ravi Bisht