Court No. - 33
Case :- WRIT - A No. - 5319 of 2021 Petitioner :- Bansh Bahadur Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Dwivedi,Deepankar Dwivedi Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has earlier approached this Court by filing Writ Petition No. 14846 of 2020 which came to disposed of vide following order was passed on 21.01.2021:-
''Learned counsel for the petitioner is permitted to correct the description of respondent no.3 in the array of the parties, during the course of the day.
The petitioner has retired from the employment of U.P. Jal Nigam on 30.04.2020. Grievance of the petitioner is that Gratuity has not been paid alongwith interest although a period of more than eight months have expired.
Sri Pranjal Mehrotra, learned counsel appearing for respondent nos. 2 and 3 states that petitioner's claim shall be examined and the amount payable shall be released, expeditiously.
In view of the above, this petition is disposed of with a direction upon the respondent no. 2 to examine petitioner's claim and ensure that all the retiral benefits are released to the petitioner with admissible rate of interest according to the scheme, within a period of three months from the date of presentation of copy of this order."
This petition has now been filed with the grievance that the amount of leave encashment although has been sanctioned to the petitioner but the same has not been paid so far.
Sri S. K. Pandey, learned counsel appearing for respondent nos.
2 and 3 has raised a preliminary objection with regard to maintainability of the present petition on the ground that all claims towards retiral benefits stood covered under the previous direction of this Court.
Learned counsel for the petitioner on the other hand states that the above direction is not construed as applicable in respect of the claim for payment of leave encashment.
Be that as it may, this Court is of the opinion that once a direction has been issued to release all retiral benefits payable to petitioner with admissible rate of interest in terms of the scheme it would include not only gratuity but all other claims also. Submission of Sri S. K. Pandey appears to have substance. This petition is, accordingly, disposed of with the direction that the respondents shall ensure release of all balance amount due, if any, including amount towards leave encashment etc. A further period of two months is allowed to the respondents for such purposes in case such claim has not already been addressed.
Order Date :- 6.5.2021 Abhishek Singh