P.K.KATARIA Vs. CHAIRMAN

JUDGEMENT

(1.) This writ petition is filed by the petitioner who retired/superannuated from the respondent no.1/National Fertilizers Ltd. on 30.4.2011. Petitioner claims the relief of release of the gratuity and leave encashment amounts which have been withheld by the respondent. Petitioner also claims payment of interest on such amounts not paid.

(2.) The respondent places reliance upon Rule 35-A of the National Fertilizers Limited Employees' (Conduct, Discipline and Appeal) Rules and the circular dated 10.9.1996 of the respondent to deny the claim of the petitioner. On the basis of Rule 35-A and the circular dated 10.9.1996, it is argued that respondent is entitled to withhold the gratuity and leave encashment on account of pendency of disciplinary proceedings pending against the petitioner.

(3.) To decide the issue in the present case, it will be necessary to interpret Rule 35-A and the circular dated 10.9.1996, and therefore the same are reproduced hereunder:-