DALIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who entered service in the Rehabilitation Department as a Clerk on September 17, 1956, rose to the rank of an Assistant Registrar on July 4, 1984. While working as such he retired from service on May 31, 1991. Unable to get his retiral benefits of death-cum-retirement gratuity and pension as actually due to him, he has come to this Court through the present petition.

(2.) In the written statement filed on behalf of the respondents, it has been inter alia averred that the Vigilance Department has initiated an enquiry and lodged a First Information Report against the petitioner. It has not been impleaded as a party and as such, the respondents claim that the petition is liable to be dismissed. It has been further averred that no legal or vested right of the petitioner has been infringed and as such, he has no cause of action which may be remediable through the present proceedings.

(3.) On merits, it has been inter alia averred that a cut of 25% has been imposed on his pension and gratuity for want of a No Demand Certificate from the State Vigilance Department. Final action can be taken on receipt of the certificate. It has been admitted that the petitioner's pension works out to Rs. 1,272/- p.m. and gratuity amounts to Rs. 42,075/-. However, pension at the rate of Rs. 954/- per month and gratuity amounting to Rs. 31,556.25 has been released.