NIRANJAN SINGH KANG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner with the grievance that despite he retired from service on 31st October, 2005, his retiral benefits, which were due and payable to him under law, were arbitrarily withheld by the respondents.

(2.) PETITIONER initially joined service as Clerk in Bharatpur Central Co-operative Bank Ltd. on 21st March, 1970 and while holding the said post, petitioner stood retired from service on attaining age of superannuation in October, 2005. Under the relevant Rules, the petitioner was entitled for gratuity and encashment of privileged leave as retiral dues, but the same was not paid to him despite legal notice being served. Hence, he approached this court by filing instant petition.

(3.) RESPONDENTS have filed reply to the writ petition wherein it has been averred that all benefits, which were due and payable to petitioner as claimed by him, initially were withheld for the reason that while he was working as ad hoc Branch Manager Kama Branch, he sanctioned certain loan in violation of terms and conditions of the Bank which has caused financial loss to the Bank and since it could not have been settled by the petitioner despite notice being served, retiral dues were initially withheld, but later on gratuity was paid to him vide Pay Order dt. 26th April, 2006 [ann. R3/7] and counsel has also informed this court that so far as encashment of privileged leave is concerned, amount of Rs. 2,10,930/- was also paid to him on 29th March, 2007 duly signed receipt of the petitioner has been placed for perusal of this court.