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2025 DAILYLAW 4364 (UTT)

SUNITA DEVI AND ANR v. STATE OF UTTARAKHAND

WPSS/412/2025 · 2025-03-26

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 412 of 2025 (S/S) Smt. Sunita Devi and another ….......Petitioners Vs. State of Uttarakhand and others …..... Respondents Present : Mr. Mukesh Kumar Kaparuwan, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State/respondent nos.1, 2 and 5. Mr. Bhupendra Singh Bisht, Advocate for respondent no.4. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioners seek the following reliefs:- “i. Issue a writ, order or direction in the nature of Mandamus directing the respondents to release of gratuity, pension arrear, encashment of leave amount and other service benefits of Late Sudheer who was a ‘Environment Friend’ in Nagar Palika Parishad Nainital and unfortunately died on 21.01.2023. ii. Any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 2. Heard learned counsel for the parties and perused the record. 3. It is the case of the petitioners that the husband of the petitioner no.1, who is father of the petitioner no.2 (“the deceased”) has died during his service period, but the service benefits of the deceased have not been released by the department till date. 2 3. At the very outset, learned counsel for the respondent no.4 would submit that the respondent no.4 admits the claim of the petitioners, but due to financial crunch, the payment could not be made on time. He gives an undertaking that within four months from now, all the admissible dues will be paid to the petitioners. 4. The Court takes on record the statement made on behalf of the respondent no.4. 5. The writ petition is disposed of with the directions to the respondent no.4 to make the payment of all admissible dues to the petitioners within a period of four months from today. (Ravindra Maithani, J.) 26.03.2025 Sanjay