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Judgment
Manoj Kumar Tiwari, J
Petitioner was an employee of Uttarakhand Payjal Nigam and retired from the post of Chaukidar on 30.06.2020.
Learned counsel for the petitioner submits that that the amount payable to the petitioner as Leave Encashment & Gratuity etc. has not been paid to him so far.
Mr. Kishore Kumar, learned counsel for the petitioner submits that similar controversy was decided by Division Bench of this Court vide judgment dated 03.09.2021 passed in WPSB No. 211 of 2021. He, therefore, prays that the writ petition be disposed of in terms of the said judgment.
Mr. B.S. Bisht, learned counsel for respondents also does not dispute this submission made by Mr. Kishore Kumar, Advocate on behalf of the petitioner.
Since both the parties are unanimous on the point that identical question has been decided in the aforesaid writ petition, therefore, this writ petition is also disposed of in terms of the judgment dated 03.09.2021 rendered in WPSB No. 211 of 2021 with the following directions:-
I. The amount payable as Leave Encashment and arrears of ACP, if any, shall be paid to the petitioner within three months from today.
II. The amount of Gratuity shall be paid to the petitioner within four months from today. Petitioner shall be entitled to interest in terms of Section 7(3A) of Payment of Gratuity Act, 1972.
III. Failure on the part of respondent no. 1 in releasing amount of leave encashment and arrears of ACP, if any, within three months will make him liable to pay simple interest at the rate of 8% per annum to petitioner.