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2025 DAILYLAW 7969 (UTT)

ASHA v. STATE OF UTTARAKHAND

WPSS/1035/2025 · 2025-06-20

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1035 of 2025 (S/S) Asha ….......Petitioner Vs. State of Uttarakhand and others ……....... Respondents Present : Mr. Tarun Prakash Singh Takuli, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State/respondent nos.1 and 2. Mr. Himanshu Yadav, Advocate holding brief of Mr. Bhupendra Bisht, Advocate for respondent no.3. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioner seeks the following reliefs:- “i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to release the gratuity as well as the payment for leaves and the arrears of service pension alongwith applicable interest, in favour of the petitioner as early as possible as the petitioner has been retired from the post of ‘Safai Karmchari’ on 30-04-2023 but the respondent no.3, even after the lapse of about 2 years, 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. ii) Pass such further orders or directions which are just and proper in the facts of the case. ” 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner would submit that the petitioner has not been received retiral dues despite having been retired from service on 30.04.2023. 4. Learned counsel for the respondent no.3 would submit that the claim of the petitioner is admitted, but due to paucity of 2 funds, the payment could not be made on time. He gives an undertaking that within two months from today, all the admissible dues will be paid to the petitioner. 5. The Court takes on record the statement made on behalf of the respondent no.3. 6. The writ petition is disposed of with the directions to the respondent no.3 to make the payment of all admissible dues to the petitioner within a period of two months from today. (Ravindra Maithani, J.) 20.06.2025 Sanjay