✦ High Court of India · 06 Aug 2025

High Court · 2025

Case Details High Court of India · 06 Aug 2025
Court
High Court of India
Decided
06 Aug 2025
Bench
Not available
Length
1,252 words

1. Ms. I ndu Sharm a, learned counsel for t he pet it ioner.

2. Mr. Adit ya Prat ap Singh, counsel for t he respondent s. learned

3. Pet it ioner ret ired from t he post of Joint Chief Seed Product ion Officer from Tarai Seeds Ut t arakhand Developm ent Corporat ion Lt d. According t o him , his ret iral dues were not properly calculat ed and he was offered am ount , as t erm inal benefit , t herefore, he filed t his writ pet it ion, seeking t he following reliefs: - ( i) I ssue a writ order or direct ion in t he nat ure of cert iorar i for quashing t he order dat ed 4 m ay 2019 ( annexed as Annexure no. 3) t o t he ext ent passed by respondent no. 2 m anaging direct or Ut t arakhand seed by which respondent aut horit ies rej ect ed t he legit im at e claim of t he pet it ioner in cursory m anner w it hout applying t he relevant rules and regulat ion t he present m at t er. t he t he respondent s ( ii) I ssue a writ order or direct ion in t he nat ure of t o pay m andam us direct ing ent ire benefit s t o pet it ioner in represent at ion dat ed 1.03.2019 t hat is am ount of Rs. 1,20,597 wrongly deduct ed from t he paym ent of provident fund and grat uit y of pet it ioner as bank SBI loan, 98 days Earned leaves Medical leave for period I nsurance 24.02.2002, Group 17.11.2001 am ount of Rs. 36,658, ex grat ia paym ent from 2000- 2001 and 2002- 2003, house rent payable from 16.11.2001 t o 24.2.2002, salary of Oct ober 2002 as per law. ( iii) I ssue a writ order or direct ion in t he nat ure of respondent s m andam us direct ing t o pay t o legit im at e service benefit s t o pet it ioner and not t o act arbit rar ily despit e t he fact t hat pet it ioner had subm it t ed his reply as asked by aut horit ies by t he order dat ed 4 m ay 2010 w it hin prescribed t im e. ( iv) I ssue a writ order or direct ion in t he nat ure of m andam us direct ing t he respondent aut horit ies t o pay com pensat ion t he pet it ioner wit h int erest in view of t he fact t hat despit e direct ion given by Hon’ble cour t , t he pet it ioner is 73 years old ret ired person, t he aut horit ies are adam ant t o not t o pay t he legit im at e service benefit s of pet it ioner. t o

4. This Court passed an order on 14.08.2024 perm it t ing t he pet it ioner t o m ake represent at ion t o t he Com pet ent Aut horit y, indicat ing t he breakup of t he am ount , which allegedly was yet t o be paid t o him and t he Com pet ent Aut horit y was direct ed t o t ake decision on t he represent at ion, wit hin t hree weeks. t o t he

5. Pursuant order, pet it ioner m ade a represent at ion. The represent at ion was decided by Managing Direct or, Ut t arakhand Seeds & Tarai Developm ent Corporat ion Lt d., Pant nagar vide order dat ed 11.04.2025, copy whereof is produced in Court by Mr. Adit ya Prat ap Singh, learned counsel appearing on behalf of t he respondent s, which is t aken on record. I n t he said order, Managing Direct or 6. reit erat ed t hat t he am ount , which was earlier offered t o pet it ioner, as t erm inal t he claim , benefit , was correct and st aked by for m ore t he pet it ioner am ount , is wit hout any basis.

7. Mr. Adit ya Prat ap Singh, learned counsel appearing for t he respondent s t hat pet it ioner has m ade a subm it s represent at ion on 10.07.2025 in which he had reit erat ed t he breakup of t he ret iral dues, as given t he earlier represent at ion and has request ed t hat t he am ount payable t o him m ay be re- calculat ed by som e suit able person. He assures t hat t he claim st aked by t he subsequent pet it ioner represent at ion will be got exam ined by an independent person, having expert ise in account ancy, and aft er re- considering t he m at t er, fresh order shall be passed. learned 8. Mr. Adit ya Prat ap Singh, counsel furt her respondent s t he subm it s t hat Managing Direct or will also provide hearing t o pet it ioner in support of his represent at ion, before passing any order. opport unit y reasonable I n view of t he st at em ent m ade by 9. learned counsel for t he respondent s, we dispose of t he writ pet it ion by providing t hat in view of healt h condit ion of pet it ioner, respondent no. 2 shall provide him a Video Conferencing Link, so t hat pet it ioner m ay have his say in t he m at t er virt ually. We hope and expect t hat necessary order shall be passed by respondent no. 2, wit hin four weeks from t oday. Pet it ioner shall be at libert y t o re- approach t his Court , if he is not sat isfied wit h t he decision. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.)

06.08.2025 Aswal

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