P K DURAIRAJ Vs. CHENNAI PORT TRUST

JUDGEMENT

(1.) Petitioner has filed the above writ petition seeking for the issuance of a writ of certiorarified mandamus calling for the records relating to Memo No.VI/Con.273/2000/S, dated 04.11.2000 (Exhibit-A) issued by the respondent and to quash the same and consequently, direct the respondent to disburse the retirement benefits. The brief facts required for disposal of this writ petition are as follows:

(2.) The petitioner was employed in the services of the Chennai Post Trust as Junior Engineer with effect from 19.04.1963. During his 37 years of service, he was promoted to various higher posts and ultimately, he was holding the post of Additional Chief Mechanical Engineer. While so, on 22.08.2000, the petitioner's daughter-in-law lodged a criminal compliant of dowry harassment against her husband and also the petitioner herein. Pursuant to the complaint, the petitioner was arrested by the police on 30.08.2000 and therefore was suspended from service. Thereafter, the suspension was revoked on 4.11.2000. Subsequently, a show cause notice was issued and departmental proceedings were initiated against the petitioner.

(3.) In the meanwhile, the petitioner has retired from service on completion of 60 years of service on 30.12.2000. Thereafter, the petitioner has not been paid any gratuity and other pensional benefits. He is being paid with only provisional pension. Therefore, the order of withholding gratuity and other pensional benefits is now challenged before this Court.