HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 56 of 2026 08th January, 2026 Kanchan Singh -Petitioner Versus Uttarakhand Transport Corporation and Others -Respondents --------------------------------------------------------------------- Presence:- Mr. Kishore Kumar, learned counsel for the petitioner. Mr. Lalit Samant and Mr. Rajesh Sharma, learned counsel for the respondents. --------------------------------------------------------------------- Hon'ble Alok Mahra, J. The brief facts of the case are that the petitioner retired from the post of Senior Clerk on 31.08.2017 from the respondent-department. The contention of the petitioner is that he has not been paid revised gratuity and leave encashment pursuant to the implementation of 7th Pay Commission, which was made effective in the State of Uttarakhand w.e.f. 01.01.2017. 2. Learned counsel for the petitioner has drawn the attention of this Court to an order dated 26.07.2025, which was passed in the appeal filed by the petitioner under the RTI Act, wherein, the Corporation have admitted the claim of the petitioner, but, have submitted 2 that due to the financial crunches faced by the Corporation, the arrears could not be paid to the petitioner. 3. Learned counsel for the respondent-Corporation has admitted this fact. 4. Heard learned counsel for the petitioner and perused the record. 5. Poor financial condition of the respondents is not a ground to deny retiral dues and other entitlement to the petitioner. The contention of the respondents for releasing the retiral dues of the petitioner is without any substance and perverse on the face of it. 6. Financial difficulty is not a valid ground to withhold the pensionary benefits of an employee as the only source of livelihood for a retired employee is the benefit, which he/she received after his/her retirement in order to live a dignified life. Thus, a defence of financial crunch should not be a valid defence for the respondent where it is bound to discharge duties which is statutorily and constitutional in nature. The entitlement of retiral benefit of petitioner is a Fundamental Right accrued to him under Article 21 of the Constitution of India which means a right to earn 3 livelihood and he is entitled for the retiral benefits to receive his deferred wages in accordance with the Rules. Non payment of the same would amount to be violative of Article 14. 7. Accordingly, the writ petition is allowed. 8. Respondent nos. 1 and 2 are hereby directed to release the arrears of the revised gratuity and leave encashment to the petitioner pursuant to implementation of the 7th Pay Commission, within a period of two months from the date of production of certified copy of this order. (Alok Mahra, J.) 08.01.2026 Ujjwal