DEVENDRA KUMAR KAMTHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution the petitioner has prayed for a declaration that Annexure P/1 is illegal and therefore, the same be set aside. A mandamus is prayed for against the respondent No.3 to release the amount of gratuity which is deposited in the savings account of the petitioner with market interest.

(2.) THE grievance of the petitioner is that he retired on attaining the age of superannuation on 31.03.2013. The competent authority released 90% provisional pension and gratuity to the petitioner. The said amount has been transferred by the District Treasury, Morena to savings account of the petitioner in the bank. The grievance of the petitioner is that after releasing the amount it was not permissible on the part of the department to instruct the bank not to release the said amount. Learned counsel for the petitioner submits that once amount is released, the respondents have no authority for directing stoppage of payment of said amount. It is contended that till date of retirement the charge sheet was not served on the petitioner. The charge sheet is served after two days of his handing over the charge and retirement from service.

(3.) I have heard learned counsel for the parties and perused the record.