KAMLESHKUMAR KANAIYALAL DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed challenging inaction on the part of respondent No.3 in not releasing the pensionary benefits in favour of the petitioner particularly, the commuted amount of pension of Rs.3,59,198.00 and leave encashment of Rs.5,23,330.00.

(2.) Heard Mr. Nisarg Raval, learned advocate for the petitioner. He submitted that the petitioner joined the service of Siddhpur Nagarpalika in the year 1990 and he worked diligently till his superannuation on 31/5/2022. Upon his retirement, the pension papers were prepared and accordingly, an amount of Rs.9.66,240 has been paid towards gratuity. However, the amount of commuted pension as also the leave encashment was not paid which led the petitioner filing of this petition.

(3.) Learned advocate Mr. Raval, submitted that petitioner had sincerely worked with the office of respondent No.3 and there are no proceedings pending against him. As the pensionary benefits of the petitioner has been withheld without any cause, the petitioner filed a representation dtd. 18/7/2022 which is followed by various representations and the last one was of 16/5/2023. Despite repeated request/ representations, the pensionary benefits as stated herein above have not been released in favour of the petitioner. He, therefore submitted that the directions may be issued to respondent No.3 to release pension in favour of the petitioner with interest.