NOORUDDIIN Vs. STATE OF U P AND OTHERS

JUDGEMENT

(1.) Heard Sri. S.T. Ali, learned counsel for the petitioner, Sri. Nityanand Mishra, learned counsel holding brief of Sri. Nagendra Nath Mishra, learned counsel for the respondent Nagar Nigam and learned Standing Counsel for the State respondent.

(2.) No counter-affidavit has been filed till date despite time being granted by this Court. Learned counsel for the respondents prays for additional time to file counter-affidavit. The prayer is rejected. Matter relates to terminal and pensionary benefits which are due to the petitioner. Consequently this Court is proceeding to hear in the matter on merits.

(3.) The petitioner superannuated from service on 31.01.2010 as a senior clerk in Nagar Nigam, Moradabad. Certain amounts from his terminal benefits which are detailed hereinafter have been withheld and not released in favour of the petitioner even after his retirement. An amount of Rs. 41,271/- has been withheld from the pension of the petitioner. An amount of Rs. 1,35,056/- has been withheld from the gratuity payable to the petitioner. The total amount which has been illegally retained and not disbursed to the petitioner is to the extent of Rs.1,76,327/-.