MANSARAM NAINWAL v. UTTARAKHAND TRANSPORT ROAD CORPORATION THROUGH ITS MANAGING DIRECTOR
WPSS/517/2018 · 2025-09-18
Rakesh Thapliyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5246 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5246 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8316 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. 517 of 2018
Hon’ble Rakesh Thapliyal, J.
1. Mr. M.C. Pant, learned counsel for the petitioner.
2. Mr. Ashish Joshi, learned counsel for the respondents.
3. The present petition has been preferred for the following reliefs: i. Issue writ rule or direction in the nature of certiorarified mandamus quashing the impugned order dated 24.01.2017 along with its effect and operation also. ii. Issue writ rule or direction in the nature of directing the respondents to pay the entire gratuity and leave encashment along with other benefits, increments by taking into
consideration his entire length of service as qualifying service for the purpose of all service benefits together with 18% interest thereof, had it been impugned order was never inexistence and further to direct the respondents to reconsider their decision for not granting the back wages which was denied on the basis of wrong application principles of no work no pay. iii. To issue order or direction to award suitable compensation in tune of Rs. 10 lacs on account of tortuous act of the respondents and same be recovered from the erring officers or which the Hon’ble Court may deem fit proper keeping in view the peculiar circumstances of the case and same may be directed to be recovered for erring officers.
4. It is contended by the learned counsel for the petitioner that the petitioner retired from service in the year 2014 but the post retiral benefits including gratuity has not been paid to the petitioner.
5. On this on the previous date learned counsel Mr. Ashish Joshi, who appears for the respondents/Corporation requests that the matter be posted for today so that the authorities may re- examine the matter. Today, the General Manager
2025:UHC:8316 joined the proceeding through V.C. and Mr. Ashish Joshi,
learned counsel for the respondents/Corporation, submits that the order impugned has now been recalled by the Managing Director by order dated 16.09.2025 and the post retiral benefits on the basis of revised payscale will be released along with the prevailing rate of interest within a period of four weeks from today.
6. It is made clear that the amount of interest on delayed payment will be calculated from the due date till the actual payment is made.
7. The General Manager also agreed to pay the interest at the prevailing rate.
8. In view of the submission as advanced above since the grievance of the petitioner has been redressed there is no useful purpose to keep the matter pending, however if the petitioner still have the grievance he can again approach to the court.
9. Subject to the above observation and directions as above the writ petition is disposed of finally.
(Rakesh Thapliyal, J.) 18.09.2025 PR
2025:UHC:8316