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2026 DAILYLAW 9509 (UTT)

SHIVMANGAL TRIPATHI v. UTTARAKHAND SEEDS AND TARAI DEVELOPMENT CORPORATION

WPSB/559/2026 · 2026-08-25

Shri Manoj Kumar Gupta, Siddhartha Sah

body2026

Judgment text

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UKHC010149442026 2026:UHC:7705-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SIDDHARTHA SAH 25 August, 2026 WRIT PETITION (S/B) NO. 559 OF 2026 Shivmangal Tripathi --Petitioner Versus Uttarakhand Seeds and Tarai Development Corporation --Respondent ---------------------------------------------------------------------- Presence:- Counsel for the petitioner : Sri B.D. Pande, Advocate Counsel for the respondent : Sri B.S. Parihar, learned Additional Chief Standing Counsel for the State of Uttarakhand ---------------------------------------------------------------------- JUDGMENT: (Per: Sri Manoj Kumar Gupta, C.J.) 1. The petitioner had retired from the post of Administrative Officer on 31.05.2017 from Uttarakhand Seeds and Tarai Development Corporation, Haldi, Pantnagar, District Udham Singh Nagar. His retiral dues were withheld by the Department and, consequently, the petitioner filed WPSB No. 214 of 2023 before this Court seeking a writ of mandamus directing the Department to pay gratuity and other retiral benefits to him, alongwith interest. The said writ petition was allowed by a 1 UKHC010149442026 2026:UHC:7705-DB Coordinate Bench by judgment dated 25.11.2024 and the petitioner was held entitled to all retiral dues. Accordingly, the respondents were directed to release all admissible dues within six months, and it was further provided that in case the dues were not released within six months, then the petitioner would also be entitled to simple interest at the rate of 7 per cent per annum on such delayed payment. 2. The Department, in purported compliance of the direction issued by the Writ Court, is stated to have made a payment of Rs. 16,93,268/- by means of Cheque No. 201250 dated 30.08.2025, after deducting a sum of Rs. 1,20,144/- under different Heads. 3. The petitioner is aggrieved by the deductions made by the Department and also on account of non- payment of interest, though the payments were made after six months. 4. Learned State Counsel submits that the deductions were validly made. He further states that the Department would pass a speaking order on the representation dated 03.10.2025 made by the petitioner 2 UKHC010149442026 2026:UHC:7705-DB against the deductions and non-payment of interest. 5. This, in our opinion, will subserve the ends of justice. 6. Accordingly, the writ petition is disposed of with direction to the competent authority to take decision on the representation of the petitioner dated 03.10.2025, within four weeks from the date of communication of the instant order, and if any amount is still found to be due and payable to the petitioner, the same shall be paid to him without any further delay, alongwith interest in terms of the judgment and order passed in the previous writ petition of the petitioner. (Manoj Kumar Gupta, C.J.) (Siddhartha Sah, J.) Dated: 25th August, 2026 Avneet/ 3