STATE OF J&K Vs. MOHINDER NATH JALALI

JUDGEMENT

(1.) WE have heard learned counsel for the parties.

(2.) WRIT petitioner, respondent no. 1 herein, approached the Writ Court stating that, although he has retired, his pensionary dues and other terminal dues have not been settled and paid to him. In answer to the writ petition, the State, respondent to the writ petition, justified the delay for settlement of such legitimate and lawful claims of the writ petitioner -respondent, only on the ground that the Service Book and other service records of the writ petitioner -respondent are not traceable. The Writ Court felt that this is no excuse and, accordingly, allowed the writ petition, directed payment of Rs. 3.00 lacs on account for the time being, to be adjusted when the final dues and claims would be ascertained and also directed for re -construction of the service records of the writ petitioner -respondent within two weeks. Aggrieved thereby, the present appeal was filed.

(3.) IN the appeal, a stay petition was also filed. The stay was granted on condition of the appellants depositing the sum of Rs. 3.00 lacs. That sum of Rs. 3.00 lacs has been deposited. The writ petitioner -respondent has filed an application seeking permission to withdraw the said amount of Rs. 3.00 lacs.