Utt HC | State directed to release the arrears of the deceased-in harness in the favour of the family along with interest

Uttarakhand High Court

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Sanjaya Kumar Mishra, J., allowed a petition which was filed by the widowed wife of Mr. Babu Ram, who had died-in harness on 26-08-2020 for the release of gratuity, leave encashment, arrears of ACPs’, and the arrears of the 7th Pay Commission of her late husband in her favour.

Petitioner’s husband was a confirmed employee, and was serving on the post of Assistant Engineer in the Uttarakhand Payjal Sansadhan Vikas Evem Nirman Nigam (for the “the Nigam”), Haldwani, District Nainital. the Finance Director of the Nigam had passed an order, which was addressed to the Executive Engineer, Project Implementation Unit (Amrit), the respondent6, wherein the Finance Director had quantified the family pension from 27.08.2020 to 25.08.2030 @Rs.73,500 + D.A. per month, wherein the family pension was fixed @Rs.44,100/- + D.A. per month, and the gratuity was calculated amounting to Rs.20,00,000/-.

However, despite the letters written by the respondents clearly quantifying the amounts due to the petitioner, the petitioner had not been paid a single penny. According to the petitioner, her husband was suffering from cancer. In order to deal with his medical treatment, the family had to invest a large amount of money in his treatment. Thus, presently, the family is facing grave financial crises.

Mr D.K. Bankoti counsel for the petitioner submitted that there was no justifiable reason for the respondents for withholding the quantified amount mentioned hereinabove from the petitioner and due to the laxity on the part of respondent No.2, the petitioner, and her family continues to suffer financial crises. Therefore, it will be in the interest of justice to direct the respondents to release the said amount as expeditiously as possible.

The Court was of the opinion that petitioner was entitled to receive the abovementioned arrears without any doubts and directed to release the aforementioned quantified amount, namely Rs 41,95,069/- alongwith the interest @10% in favour of the petitioner while allowing the petition.[Alka Rani v. State of Uttarakhand, 2021 SCC OnLine Utt 1269, decided on 18-10-2021]


Suchita Shukla, Editorial Assistant has reported this brief.

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