TARA CHAND TUSAMER Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition, the challenge is to the orders dated 02.02.2015, 16.11.2015 and 10.02.2016 (Annexures P-4, P-6 and P-9) respectively by which the claim of the petitioner for the grant of interest on the delayed release of the payment has been declined on the ground that there were charge-sheets pending against the petitioner and after dropping of the same, the benefits were immediately released to him and therefore, he is not entitled for the interest on the delayed payment of the retiral benefits.

(2.) As per the facts mentioned in the writ petition, the petitioner, who was working as Principal in Industrial Training Institute, Butana, Sonepat, retired on 28.02.2013 and on the date of retirement, three charge-sheets were issued to him. Two charge-sheets for minor penalty and one charge-sheet for the major penalty. Thereafter, petitioner had filed a reply to those charge-sheets, but the pensionary benefits were withheld due to the pendency of the charge-sheets, which were issued to the petitioner on the last date of his service career. Keeping in view the reply filed by the petitioner, respondents passed an order on 19.09.2014 (Annexure P-1) dropping one of the three charge-sheets. The second charge-sheet was also dropped vide order dated 18.03.2014 (Annexure P-2) by the respondents, which was issued to the petitioner under Rule 8 of Haryana Civil Services (Punishment and Appeal) Rules, 1987. Even third charge-sheet was dropped vide order dated 25.07.2013 (Annexure P-3).

(3.) In the writ petition, petitioner has stated that leave encashment amounting to Rs.4,26,240/- was paid to him on 11.03.2014. Further, a sum of Rs.7,03,296/- on account of gratuity and an amount of Rs.4,75,741/- on account of gratuity and commutation of pension was released to him on 05.12.2014.