Heard.
This Court has passed the order dated 22.01.2021 as under:-
"Heard Sri R.S. Kushwaha, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri Devak Vardhan, holding brief of Sri Shree Prakash Singh, learned counsel for opposite parties no.2 & 3.
By means of this petition, learned counsel for the petitioner has submitted that the petitioner has retired from service on 28.2.2019 and till date, he has not been paid the amount of gratuity as well as leave encashment, however, as per information, there is no legal impediment to that effect.
List on 29.1.2021 as fresh to enable the learned counsel for opposite parties no.2 & 3 to seek complete instructions in the matter. It is also kept open for opposite parties no.2 & 3 to make payment of gratuity and leave encashment to the petitioner in the meantime, if there is no legal impediment."
Learned counsel holding brief of Sri Shree Prakash Singh has submitted that there is no legal impediment in making payment of the dues which have been prayed in the present writ petition but the financial condition of the Corporation is not very sound. Therefore, there is delay in making payment of the aforesaid dues to the employees of the Corporation, however, such payments are being made.
Learned counsel for the petitioner has drawn attention of this Court towards para-5 of the writ petition wherein he has indicated that the financial condition of the Corporation is sound.
On that, the holding brief of Sri Shree Prakash Singh has submitted that he has no instructions on that point, however, as per his instructions, the financial condition of the Corporation is very poor.
Learned counsel for the petitioner has further drawn attention of this Court towards Annexure Nos.1 and 2 to the writ petition, whereby the Chief Accounts Officer/ Finance Controller has passed the orders for making payment of dues to the petitioner on 28.02.2019 (Annexure No.1) and 03.02.2020 (Annexure No.2) respectively, but till date, the amount of gratuity and leave encashment has not been paid to the petitioner.
Be that as it may, if there is no legal impediment of making payment of gratuity and leave encashment to the petitioner and appropriate orders have been passed by the Competent Authority dated 28.02.2019 (Annexure No.1) and 03.02.2020 (Annexure No.2) then such payment should be made by now as about one year period has passed with effect from 03.02.2020. If the payment of dues has not been made for substantially long period i.e. about the period of two years in the present case, then the excuse of financial constraint of the Corporation may not be taken. The service of the petitioner was not pensionable, therefore, his livelihood is depend upon the retiral dues, for which, this writ petition has been filed. Therefore, in making payment of gratuity and leave encashment, for which appropriate orders have already been passed by the Competent Authority way back in the month of February, 2019 and February, 2020, the laid-back attitude of the Corporation is not appreciable.
Accordingly, the writ petition is decided at the admission stage directing the respondent-Corporation to make payment of gratuity and leave encashment to the petitioner in terms of orders dated 28.02.2019 (Annexure No.1) and 03.02.2020 (Annexure No.2) with expedition, preferably, within a period of two months from today. The petitioner shall also be entitled for interest on delayed payment if it is so prescribed under law. However, it is made clear that if the payment, as directed by this Court, is not made to the petitioner within the aforesaid stipulated time, the petitioner shall be entitled for interest at the rate of 6% from the date it becomes due till the date of actual payment.
In view of the aforesaid terms, the writ petition is allowed.
Order Date :- 29.1.2021 Suresh/ [Rajesh Singh Chauhan,J.]