DEVENDER SINGH Vs. UHBVN

JUDGEMENT

(1.) In the present writ petition, the grievance which is being raised by the petitioner is that the gratuity amounting to Rs.8,04,701/- has been withheld by the respondents without any valid justification and further the retiral benefits of the petitioner were not released within a reasonable time and, therefore, the petitioner is entitled for interest on the said delayed payment of the retiral benefits.

(2.) As per the facts mentioned in the writ petition, the petitioner retired on 31.03.2015 on attaining the age of the superannuation. On the date of retirement of the petitioner, charge sheet dated 12.09.2014 was pending against the petitioner. Keeping in view the pendency of the charge sheet, provisional pension was sanctioned in favour of the petitioner on28.07.2015 but the other retiral benefits of the petitioner were withheld. Charge sheet dated 12.09.2014 was filed by the respondents vide order dated 18.02.2016 (Annexure P/6) and after filing of the said charge sheet, it is the case of the petitioner that there was nothing pending against the petitioner, which would have entitled the respondents to withhold the pensionary benefits of the petitioner. The petitioner has filed the present writ petition seeking direction from this Court to the respondents for the release of his pensionary benefits.

(3.) During the pendency of the present writ petition, the respondents served upon the petitioner another charge sheet dated 06.03.2017. After serving the said charge sheet, respondents released the pension of the petitioner on 17.4.2017 from the due date and on the same date i.e. 17.04.2017, a sum of Rs. 1,95,299/- was also released on account of gratuity but a sum of Rs.8,04,701/- was withheld by the respondents. On 10.11.2016 a sum of Rs.2,37,765/- was released on account of difference of leave encashment and on account of arrears.