(1.) THE petitioner is a retired teacher. THE death cum retirement gratuity to the petitioner had not been paid. That is the grievance of the petitioner. THErefore the petitioner seeks a direction for such payment.
(2.) EVEN admittedly by the petitioner he had been a guarantor, in respect of kist dues, to some abkari contractors. They defaulted payment of kist. This resulted in revenue recovery proceedings. His salary has been attached. He had been earlier to this Court with an Original Petition. That was disposed of with a direction to the Tahsildar concerned to hear the petitioner and to pass orders. By the time the petitioner retired from service. Because of the liability arising out of attachment order of the Revenue Recovery Officer NLC was not issued. Thus the petitioner is unable to get the amount. This is the factual situation. It is contended by the petitioner that in terms of R. 3 Part III KSR liability has to be fixed. No liability has been fixed so far as the petitioner is concerned. So the gratuity shall not be withheld. This contention cannot be heard from the mouth of the petitioner who had earlier assailed the order attaching salary in O. P. 3143/89. There was a direction in the Original Petition to the Tahsildar to pass appropriate orders after hearing the petitioner. The petitioner was heard and appropriate order was passed to attach Rs. 1529/- per month from his salary. Therefore it cannot be said that there was no quantification. More over there is an order of attachment by the Revenue Recovery Officer based on an agreement executed by the petitioner guaranteeing the kist amount. In such circumstances no proceedings under R. 3 Part III KSR is necessary to recover such dues.