OM PRAKASH GUPTA Vs. STATE OF UP

JUDGEMENT

(1.) Heard Shri Ashore Khare, Senior Advocate assisted by Shri Siddharth Khare for the petitioner; Shri Pankaj Rai, learned Additional Chief Standing Counsel for respondent no.1 and Shri P.K. Tripathi for respondent nos.2 to 4.

(2.) By means of present writ petition, the petitioner has prayed for quashing the order dated 8.9.2014 passed by the Executive Engineer, Electricity Civil Maintenance Division-II, Panki Thermal Power Station, Panki, Kanpur Nagar. He has further prayed for a direction to the respondents to forthwith disburse the amount of gratuity, provident fund and travelling amount since 1.2.2006 to him.

(3.) Brief facts giving rise to the present writ petition are that the petitioner was initially appointed as Supervisor in temporary capacity in the month of April, 1970 and on the said post he became permanent on 4.4.1973. Thereafter, he was promoted as Junior Engineer in the year 1978. Finally the petitioner retired from service on 31.1.2006 as Junior Engineer (Operation) at Panki Thermal Power Station Panki, Kanpur Nagar. During his service the petitioner was allotted residential quarter No.9A-01 Type-III at Panki Thermal Power Station, Panki, Kanpur. It has been stated in the writ petition that consequent upon his retirement the petitioner had handed over possession of the said premises. A copy of the inventory of the electrical items duly counter signed by the Junior Engineer (Electrical) dated 31.1.2006 along with no dues certificate have also been brought on record collectively as Annexure-1 to the writ petition. It has also been categorically averred in the writ petition that after handing over possession of the said premises the petitioner has started residing at District Ghaziabad along with his son. Immediately after his retirement the petitioner approached to the respondent Corporation for release of his retiral benefits on the ground that no dues certificate had already been given to the petitioner. Therefore, there was no reason for not paying the retiral dues. Finally he made representations on 23.10.2013, 30.10.2013 and 18.11.2013. In this back ground the petitioner was compelled to approach this Court by means of Writ A No.65445 of 2013, which was finally disposed of vide order dated 15.4.2014 directing the respondents to decide the claim of the petitioner. Inspite of the categorical direction of this Court to the Executive Engineer, Electricity Civil Maintenance Division-II, Panki Thermal Power Station to redress the grievance of the petitioner, no heed had been paid in this regard and finally the petitioner was compelled to approach this Court by means of Contempt Petition No.4554 of 2014. In the said contempt proceeding notices were issued on 13.8.2014. Immediately after receiving the said notice the respondents proceeded into the matter and rejected the claim vide an order dated 8.9.2014 on the ground that firstly the petitioner is liable to deposit Rs.3,46,256/- as penal rent for house, which was occupied by him subsequent to his retirement.