TRAILOKYANATH BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this writ petition for refund of sum of Rs.25,000/- which was deducted by the opposite party no.2.

(2.) The grievance of the petitioner is that he has already retired from the Corporation service on 31.07.1995 and before that he was working as Assistant Manager in charge of Unit Office, Paradeep and after retirement when the retirement benefit has not been released to the petitioner had approached this Court being OJC No.4904 of 1996, wherein the direction was issued to release the retirement benefits and pension of the petitioner together with interest thereon at the rate of 12% per annum, but when the said amount has not been inclined to release the retirement benefits of the petitioner, the petitioner approached this Hon?ble Court by filing successive petition and during the course of pendency of the contempt petition retirement benefit has been released by submitting the cheque only for retirement benefit but did not inclined to pay the deducting amount of Rs.25,000/-.

(3.) Learned counsel for the petitioner has submits that the opposite party no.2 filed a money suit in the court of Civil Judge (Senior Division) 1st Court, Cuttack against the petitioner bearing Money Suit No. 152 of 1998 to realise Rs. 1, 30, 257/- from the petitioner which is pending for adjudication by the Civil Court hence any deduction before adjudication of the said civil suit is illegal and as such the writ petition has been filed for the direction to the opposite party to release the said amount of Rs. 25,000/- along with interest.