M GOPALAKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition is filed for a direction to the respondents to settle all the terminal benefits including pension due to the petitioner together with interest at the rate of 18% per annum from 31.12.1995 till the date of actual payment.

(2.) WHEN the matter came up for admission on 11.12.2003, the learned counsel for the second respondent bank took notice of the writ petition. Subsequently, the matter was adjourned on several dates and finally was admitted on 16.2.2004. Later, an application was also filed for fixing an early date. That application was ordered on 24.7.2007. Till date, the first respondent union of India had not filed any counter affidavit. It is only the second respondent, who had filed a counter affidavit dated ''nil'' (March 2008).

(3.) THE second respondent had taken a stand that since the first respondent by a communication dated 30.12.1995 informed him not to release the terminal benefits on account of the pendency of the criminal cases against the petitioner, they have not released the same. He was not entitled to receive the terminal benefits in view of the pendency of the criminal cases. It was also informed that the petitioner's contributory provident fund was released on 31.1.2005. A list of cases pending against the petitioner filed by the CBI, which were either pending investigation or pending trial before a Special Court, was enclosed along with the counter affidavit. In the additional typed set of papers filed by the second respondent, the records relating to various payments were enclosed, the receipt of which is not denied by the petitioner.