DEVINDER KUMAR GANDOTRA Vs. STATE AND OTHERS

JUDGEMENT

(1.) This case is pending on the docket of this Court for the last about two years despite the fact that it relates to retiral benefits of the petitioner, who on attaining the age of superannuation came to be retired on 30.06.2008 from the post of Superintendent Engineer, Irrigation and Flood Control Department. Consequent thereto, his case for grant of pension was recommended by respondent no.4 to respondent no.2. It is contended that after a period of more than four months of retirement of the petitioner, respondent no.3 by way of communication dated 17.11.2008 withheld the amount of gratuity of the petitioner on the ground of excess pay drawn by the petitioner. The petitioner being aggrieved has filed the instant petition on the following grounds: -

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(3.) Respondents have filed the objections contending therein that the amount of gratuity was kept/withheld due to wrong fixation of pay of the petitioner. It is contended that the petitioner was promoted as Incharge Asstt. Engineer vide Order No. 15.02.1979 and came to be regularized on the said post w.e.f. 01.12.1980, but, his pay came to be fixed w.e.f. 15.02.1979, though it was to be fixed from 01.12.1980, the date when he was regularized against the post of Assistant Engineer. Therefore, the amount of gratuity of the petitioner has been withheld and would be released only after his pay is re-fixed.