Dr Hitender Kumar v. Chairman Cum Managing Director Sgrrimhs

SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sig nat u r es COURT'S OR JUDGE'S ORDERS

06.12.2

W PSB/ 7 4 1 / 2 0 2 4 HON'BLE MANOJ KUMAR TI W ARI , A.C.J. HON'BLE VI VEK BHARTI SHARMA, J.

Mr. Abhivadya Sood and Mr. Sachin Panwar, learned counsel for petitioner.

¶2Mr. Subhang Dobhal, learned counsel for respondents.

¶3Petitioner was appointed as Assistant Professor in Shri Guru Ram Rai Institute of Medical & Health Sciences, Patel Nagar, Dehradun w.e.f.

18.12.2010.

Thereafter, he was promoted as Associate Professor in the same I nstitute w.e.f.

04.06.2015. Lastly, petitioner was promoted as Professor w.e.f. 04.12.2018. Petitioner resigned from the post of Professor on

14.11.2022.

¶4By means of this writ petition, petitioner has sought the following reliefs: - "i) I ssue a writ, order or direction in the nature of mandamus commanding and directing the respondents authorities to release the terminal benefits of the petitioner along with all consequential service benefits at the rate of 18 per cent interest w.e.f.

03.12.2022,

amounting to Rs. 11,28,846/ - (Rupees Eleven Lakhs Twenty Eight Thousand Eight Hundred and Forty Six) in addition to the admissible Earned Leave from the date of accrual till its actual realization which is due from the instant respondent management as non releasing the same is arbitrarily, erroneous and wholly illegal.

ii) I ssue a writ, order or direction in the nature of mandamus commanding and directing the respondents to pay litigation expenses and mental agony on account of the delay in non releasing the otherwise legitimate dues of the instant petitioner as this Hon'ble Court may deem fit.

iii) I ssue any other writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstance of the case.

iv) Award the cost of the petition to the petitioner."

¶5Learned counsel for petitioner submits that petitioner has not been paid terminal benefits, including leave encashment, salary amounting to Rs. 3,05,000/ - and gratuity, despite repeated requests.

¶6Mr. Shubhang Dobhal, learned counsel appearing for the I nstitute, fairly submits that if petitioner makes a representation for releasing his

outstanding dues within two weeks from today, respondent No. 1 shall take a decision thereupon, as per law, within six weeks thereafter.

¶7In view of the statement made by learned counsel for respondents, we dispose of this writ petition by permitting petitioner to make a representation. I f petitioner makes a representation for releasing his outstanding dues within two weeks from today, respondent No. 1 shall take a decision thereupon, as per law, within six weeks thereafter.

( Viv ek Bhar t i Shar m a, J.) ( Man oj Ku m ar Tiw ar i,ACJ) 0 6 .12 .2 02 4 0 6 .1 2 .2 02 4 Rathour

PRAVINDRA S RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb 1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179 B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA S RATHOUR Date: 2024.12.07 12:15:39 +05'30'