SUDESH GULATI Vs. PANJAB UNIVERSITY AND ORS.

JUDGEMENT

(1.) Prayer in the present writ petition, filed by the wife of the employee, under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to release all the terminal benefits in respect of Late Girish Kumar Gulati, Assistant Registrar, Election Cell, who is stated to have expired on 10/4/2016 along with interest @ 18% per annum for the delayed payment.

(2.) The ground for holding back the retiral benefits is that a shop had been taken through public bidding by the son of the petitioner at a monthly lease of Rs.8300.00 with 5% increase, as per the lease deed dtd. 20/6/2005 (Annexure R-1). Since the tenancy had started from 1/8/2004 for a period of 3 years, the husband of the petitioner had stood surety for the said shop on 20/6/2005 which is appended with the said lease deed. On account of the son of the petitioner being in arrears of lease amount/rent for the period from 1/2/2008 onwards, the retiral benefits are alleged to have been withheld. The petitioner's son, Sumit Gulati has also filed a Civil Suit, challenging the action of the respondent-University, whereby he seeks a declaration that the interest and penalty calculated is illegal, null and void etc.

(3.) It is not denied that the petitioner's husband had expired on 10/4/2016 and the shop in question has also been vacated by the son of the petitioner and that of the deceased-employee on 17/5/2016.