SOM NATH KAPUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner joined service on September 6, 1954. After serving the Department for more than 38 years, he retired on October 31, 1992. In spite of the lapse of more than three years, the retiral benefits like pension and gratuity have not been released so far. Consequently, he has approached this Court through the present writ petition. He prays for the issue of a writ of mandamus directing the respondents to release the full amount of gratuity, pension, leave encashment, commutation of pension etc. with interest at the rate of 18% per annum.

(2.) The respondents contest the petitioner's claim inter alia on the ground that on his repatriation to the Department from the Bhakra Beas Management Board in the year 1971, his pay was not correctly fixed. According to the respondents, the petitioner's pay was fixed vide order dated October 26, 1993. Still further, it has been stated that "the parent department i.e. PWD (B&R), Haryana, has yet to fix the pay of the petitioner as per rules and owing to such pay fixation of the petitioner, substantial amount shall have to be recovered by the State Government." The respondents state that the further action to release the gratuity and payment of leave encashment etc. would be taken up "only after finalisation of the issue of pay fixation of the petitioner."

(3.) Counsel for the parties have been heard.