RAM MURTI SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition was originally filed by Shri Ram Murti Sharma and after his death, Smt. Kamla Sharma, his wife, has been impleaded as petitioner.

(2.) The grievance of the petitioner relates to non-payment of death-cum- retirement gratuity. She has prayed for issue of mandamus to the respondents to release death-cum-retirement gratuity with interest at the rate of 18 per cent per annum w.e.f. 31.7.1990, the date on which late Shri Ram Murti Sharma retired from service.

(3.) Husband of the petitioner was working as a Section Officer of the date of his retirement i.e. 31.7.1990. According to the petitioner, the death-cum- retirement gratuity became payable to Shri Ram Murti Sharma on the date of his retirement but despite several representations made by him, the payment of death-cum-retirement gratuity was not made to him. It has been pleaded that withholding of death-cum-retirement gratuity amounts to withholding of property and since then action of the respondents is without the authority of law, the respondents should be directed to pay the amount with interest at the rate of 18 per cent per annum.