CHAND SINGH DHULL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present petition under Article 226 of the Constitution of India is against order dated 16.07.2019 (Annexure P-12) issued by respondent No.4, whereby regular pension and other retiral benefits of the petitioner have been withheld. The petitioner has prayed for issuance of writ of certiorari quashing the order aforesaid and writ of mandamus directing the respondents to sanction regular pension and grant pensionary benefits and other attendant benefits with interest for delayed payment from the date of entitlement to the date of actual payment.

(2.) The precise issue involved in the present case is, whether the respondents have rightly withheld gratuity and commuted value of pension under Rule 81(l)(a) of the Haryana Civil Services (Pension) Rules, 2016 (in short 'the Rules'), relied upon in the impugned order dated 16.07.2019.

(3.) Before adverting to the aforesaid question in the light of rival submissions made by counsel for the parties, a brief reference to certain admitted facts would be relevant.