BHULLA Vs. DIRECTOR LOCAL BODIES, HARYANA

JUDGEMENT

(1.) (Oral) - The petitioner was employed as Sweeper with the Municipal Committee, Karnal. On June 30, 1998, he retired on attaining the age of superannuation. Despite submission of a representation and the issue of a legal notice, the retiral benefits were not released. Aggrieved by the inaction of the respondents, the petitioner has approached this Court through the present writ petition. He prays that a writ of mandamus be issued directing the respondents to release the pension, gratuity, provident fund, the amount due on account of leave encashment and all other benefits. He also prays that he be granted interest on account of delay in the release of retiral benefits.

(2.) A written statement has been filed by Deputy Director, Local Bodies, Haryana. It has been averred that "the case of the petitioner for the sanction of final payment of provident fund has not been received so far in the office of the answering respondent. As and when the case will be received the same will be sanctioned without any delay." It has been further averred that "the pension case of the petitioner was received in the office of answering respondent on 3.11.98 from the office of Director, Local Audit Haryana, Chandigarh which was incomplete for want of pension contribution from Municipal Council, Karnal. The pension case was sanctioned on 6.9.1999 vide P.P.O. No. 1941 after the undertaking given by the petitioner for deducting the amount of pension contribution due towards him. Arrears of pension from 1.7.98 to 31.7.99 and commutation of pension amounting to Rs. 27,863.00 has already (been) sent to Central Cooperative Bank, Karnal," No separate written statement has been filed on behalf of respondent Municipal Committee.

(3.) Mr. Manchanda appearing for the Municipal Committee states that an amount of Rs. 3,609.00 has been paid to the petitioner on account of earned leave encashment. He had also been paid Rs. 27,860.00 on account of gratuity. An amount of Rs. 23,696/- has been paid to the petitioner vide cheque dated Nov. 29, 1999 on account of provident fund. Mr. Amol Rattan Singh, learned Assistant Advocate General states that the amount due to the petitioner on account of pension etc, has also been paid.