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2025 DAILYLAW 8187 (UTT)

SUNDAR SINGH v. STATE OF UTTARAKHAND

WPSS/1068/2025 · 2025-06-25

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1068 of 2025 (S/S) Sundar Singh ….....Petitioner Versus State of Uttarakhand and Others ….….Respondents Present:- Mr. Mukul Singh Dangi, Advocate for the petitioner. Mr. R.S. Bisht, Additional C.S.C. for the State. Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioner seeks the following reliefs:- (i) Issue an appropriate writ order or direction in the nature of mandamus to directing the respondents to forthwith pay the balance arrears of salary amounting to Rs. 1,80,538/- (One Lakh Eighty Thousand Five Hundred Thirty Eight Rupees Only) to the Petitioner, as detailed in Annexure No.4 to this writ petition. (ii) Issue an appropriate writ order or direction in the nature of mandamus to directing the Respondents to pay interest on the aforesaid balance arrears of salary at the interest rate of 9% per annum from the date the arrears became due till the date of actual payment, as a compensation for the undue delay. (iii) Issue any suitable writ, order or direction, which this Hon’ble Court may deem fit and proper on the basis of the facts and circumstances of the case. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner submits that the petitioner was working in Government Inter College, Jainoli, Tarikhet, District Almora. After 36 years of service, he superannuated on 31.07.2023, but yet the department has not paid arrears of the salary to the tune of Rs. 1,80,538/-. It is argued by learned counsel for the petitioner that, in fact, the Principal of the college had sought Budget from the Finance Officer, School Education, Almora, vide its 2 communication dated 15.04.2025, Annexure No.4 to the writ petition; the petitioner’s dues have been admitted by the department; the dues have yet not been paid; it is arrears of salary. 4. Learned State Counsel would submit that the respondents may be directed to pay the salary, and if there is any impediment, that may be notified to the petitioner. 5. The Court does not see any reason to withhold the salary of any employee, who has superannuated in the year 2023. In fact, Annexure No.4 is the communication of the Principal of Government Inter College, Jainoli, Tarikhet, District Almora, addressed to the Finance Officer, School Education, Almora, by which categorically the budget for arrears of salary of the petitioner has been demanded to the tune of Rs. 1,80,538/-. Had there been any impediment, the respondent authorities would have communicated the petitioner by now. Therefore, this Court is of the view that this writ petition may be decided by directing the respondent no.4/Chief Education Officer, Almora, to ensure payment. 6. The writ petition is allowed, accordingly. 7. The respondent no.4, Chief Education Officer, Almora, is directed to ensure that the petitioner is paid Rs. 1,80,538/- against arrears of payment within four weeks from today without fail along with interest at the rate of 6 per cent per annum. (Ravindra Maithani, J) 25.06.2025 Ravi Bisht