RAM SARUP BHAMBHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer made by the petitioner in this petition is to issue direction to the respondents to pay him all his retiral dues including pension, death cum retirement gratuity or provisional pension/ provisional death cum retirement gratuity till the payment of final pension and death cum retirement gratuity alongwith leave encashment, G.I.S. and other retiral benefits with 12 percent interest p.a. on all the amounts from the day it fell due till the date of payment. It has further been prayed that the order dated 30.8.2005 (Annexure P.8) be quashed and the charge sheet dated 9.8.2001 ( Annexure P.5) be set aside.

(2.) Notice of motion was issued to the respondent-State on 8.12.2005 through Advocate General, Haryana. Responding to the notice of motion, the respondents have placed on record copies of various orders. It has been pointed out that the claim for payment of leave encashment has been issued on 15.5.2006 . A copy of the order has been attached with the communication., Necessary directions have been issued to the Deputy Commissioner, Ambala for releasing all other pensionary benefits to the petitioner without any delay. It has further been pointed out that enquiry proceedings pending against the petitioner have been withdrawn vide order dated 9.5.2006. A copy of the order is also attached with the afore-mentioned communication. The afore-mentioned communications are taken on record as marked "A", "B","C" and "D".

(3.) In view of the above, we direct the respondents to expedite the finalisation of the retiral dues of the petitioner in respect of pension and the same be paid to him within a period of three months from today. If there is delay of more than three months then the petitioner shall be entitled to interest @ 9 percent p.a. from the date the payment became due till the date of actual payment. Petition stands disposed of in the above terms.