IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 44 of 2009 1. State of Uttarakhand through Secretary, Forest, Uttarakhand Government, Dehradun. 2. Divisional Forest Officer, Tons Forest Division, Purola District Uttarkashi. 3. Senior Treasury Officer Treasury, Dehradun. ……Appellants. Versus 1. Udai Ram Uniyal S/o Sri Goverdhan Prasad Uniyal R/o Village Barsoli Patti Hinsriyakhal, Post Sauru District Pauri Garhwal. 2. Finance Controller Chief Conservator of Forest U.P., Lucknow. 3. Accountant General (Lekha Evam Haqdari) IInd U.P., Allahabad. .……….Respondents. Shri Bindesh Gupta, Addl. Advocate General. Shri Rajendra Dobhal, Advocate for respondent No. 1. Smt. Bina Pande, Standing Counsel (U.P.) for respondent No. 2. Ms. Seema Sirohi, Advocate for respondent No. 3. Coram:Hon’ble Prafulla C. Pant, J. Hon’ble B.S. Verma, J. Oral:-Hon’ble Prafulla C. Pant, J. This is delay condonation application No. 1382 of 2009, for condonation of delay in filing the appeal against the order dated 02.01.2009, passed by learned Single Judge of this Court in writ petition No. 458 of 2008 (S/S). 2. Heard. 2 3. There is delay of some 13 days in filing the appeal, which has sufficiently been explained in the affidavit accompanying the application. The delay condonation application is allowed. The delay is condoned. 4. Also, heard on merits of the appeal and perused the order dated 02.01.2009, passed by learned Single Judge in writ petition No. 458 of 2008 (S/S). 5. Brief facts of the case are that respondent No. 1- Udai Ram Uniyal, filed the writ petition for recovery of balance amount of gratuity to the tune of Rs. 11,131/- and commutation of pension amounting to Rs. 1,00,290 along with 12% interest thereon. He was a Forestor in Tons Forest Division, Purola, District Uttarkashi and retired from service on 31.10.1998. After his retirement, he was paid 90% of G.P.F. and Group Insurance but 10% of the gratuity amounting to Rs. 11,131/-, and commutation of pension to the tune of Rs. 1,00,290/- remained withheld with no fault on the part of the retired employee. On 24.07.1999, a letter is received by the petitioner with a cheque amounting to Rs. 1,17,744/-. But when it was deposited with State Bank of India, branch Kirti Nagar, a communication was received that the cheque could not be encashed due to the objection made by Treasury Officer, Dehradun. Thereafter the correspondence went on between authorities of the State of Uttarakhand and State of U.P. and the writ petitioner (present respondent No. 1) was made to 3 suffer for some 9 years, and ultimately he had to file the writ petition. 6. After hearing learned counsel for the parties, the learned Single Judge allowed the writ petition for the amount claimed by the petitioner with 12% interest. Also, the learned Single Judge further directed that compensation to the tune of Rs. 1,00,000/- be paid in addition to the payment claimed by the petitioner, which shall be shared 50% each by State of Uttarakhand and State of U.P. 7. Learned counsel for the appellant submitted that on 18.12.2008, the petitioner has been paid an amount of Rs. 1,11,421/- i.e. during the pendency of the writ petition (after the judgment was reserved but before it was delivered by the learned Single Judge). Shri Rajendra Dobhal, learned counsel for respondent No. 2 admits that said amount has been received. But rest of the amount has not been paid. As such, it is clear that balance amount of gratuity and commutation of pension had already been paid before learned Single Judge delivered the judgment. Therefore, we do not see any sufficient reason to uphold compensation awarded by the learned Single Judge which was not even prayed. 9. Having heard learned counsel for the parties and after going through the papers on record, in the above circumstances we summarily dispose of the appeal with the following directions:- 4 1. The appeal is partly allowed and the direction of learned Single Judge to pay compensation of Rs. 1,00,000/- is set aside. 2. The direction to pay interest at the rate of 12% is modified to the extent that interest @ 12% shall be paid only on the balance of gratuity for the period between the date of retirement and the actual payment made on 18.12.2008. On the amount of commutation of pension only 6% interest shall be paid by the appellants from the date of retirement till the date of actual payment is made i.e. 18.12.2008. 3. The appellants shall pay Rs. 10,000/- as costs of the appeal and writ petition to the writ petitioner. (B.S. Verma, J.) (Prafulla C. Pant, J.) Dt:05.03.2009 Sweta 5 6 7 8 9 10