Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4269-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 162/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J.
Mr. M.C. Pant, Advocate, for the petitioner. Mr. D.S. Mehta, Advocate, for the respondent.
(2) Petitioner was initially appointed as Secretary, Bar Council of Uttarakhand w.e.f. 9.5.2009. He was thereafter given regular appointment as Secretary w.e.f. 29.9.2016 and he completed age of superannuation i.e. 60 years in the month of May, 2025. Since his terminal dues including provident fund, gratuity, leave encashment and benefit of ACP have not been released so far, therefore, he has filed this writ petition seeking the following relief:
“a. To issue a writ rule or direction in the nature of certiorarified mandamus to declare the action of the respondent by not paying the gratuity from initial appointment to the date of regularisation is irrational arbitrary and contrary to law and to command the respondent to pay the entire amount of gratuity, leave encashment, balance fund, medical dues, ACP, arrears of salary with effect from the initial appointment i.e. on dated 09.05.2009 with 18% interest thereon after calling the entire records from the respondent or to mould the relief appropriately by safeguarding the interest of the petitioner keeping in view the fact highlighted in the body of petition. or to pass any such other further order or direction which this Hon’ble Court may deem fit and proper under the present facts and circumstances of the case, otherwise the Applicant/Petitioner shall suffer irreparable loss and injury.”
2025:UHC:4269-DB (3) Mr. D.S. Mehta has accepted notice on behalf of respondent. On instructions, he submits that all pending dues of petitioner shall be cleared positively within six weeks from today.
(4) We, accordingly, dispose of the writ petition with direction to Secretary, Bar Counsel of Utarakhand to examine the matter and clear all pending dues of petitioner positively by 12th July, 2025.
(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.)
22.05.2025 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d46250 3, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67 F3C91957BE53, cn=PRABODH KUMAR Date: 2025.05.24 11:14:44 +05'30'
2025:UHC:4269-DB