Point of Law : It is clear like a noon day that the retiral dues of an employee like petitioner cannot be allowed to withhold because the documents were not received by any department from other department.

ORDER :

1. “Withholding of pension and other retiral benefits of a retired employee for years together is not only illegal and arbitrary act but also a sin though not an offence since no law has declared so.”, [Sant Lal V. Chief Audit Officer and Ors., 2016 SCC OnLine All. 2916]

2. “The pain and torture faced by a retired employee and his family in the circumstances created by the authorities, can be easily visualized and felt but cannot be assessed in the way only those who really suffer, know it. This pain and humiliation cannot be compensated in terms of money.”, [Sant Lal V. Chief Audit Officer and Ors., 2016 SCC OnLine All. 2916]

3. Instant case is a glaring example where the petitioner retired more than half a decade back but did not receive the pension and retiral benefits. Fighting for his rights against the cruel system for years, the petitioner knocked the doors of the temple of justice, by way of filing this petition.

4. Instant petition has been filed by the petitioner with the following prayer:-

“(i) By an appropriate writ, order or direction direct in the nature thereof the direct to respondents to pay the gratuity and other retiral benefit of the petitioner with interest @ 18% p.a.

(ii) By an appropriate writ, order or direction direct in the nature thereof the direct to respondents to grant the benefit of 7th pay commission to the petitioner from due date.

(iii) By an appropriate writ, order or direction direct in the nature thereof the respondents may further be directed to sanction the pensionary benefit of the petitioner from the date of his retirement and also pay arrears thereof with interest @ 18% p.a.

(iv) Any other relief which this Hon’ble Court deems just and proper in the facts and circumstances of the case may also be given in favour of the petitioner.”

5. Counsel for the petitioner(s) submits that the petitioner was working on the post of Inspector Audit in the Cooperative Department and he stood retired on 31.01.2018 after attaining the age of superannuation. Counsel submits that in spite of passing of more than five years, the respondents have not released the pension and other retiral dues to the petitioner without any justified reason. Counsel submits that no departmental inquiry or criminal case was pending against the petitioner. Counsel submits that when the retiral benefits were not extended to the petitioner even after passing of almost two years, the petitioner was not left with any other option except to approach this Court for redressal of his grievance by way of filing of this writ petition under Article 226 of the Constitution of India in the year 2020. Counsel submits that fighting his battle against the mighty Government-respondents, the petitioner lost his life on 21.07.2021, and thereafter the legal representative of the deceased petitioner were taken on record. Counsel submits that even the respondents are sitting over the matter and they have not released the due retiral benefits to the family members of the deceased petitioner. Counsel submits that under these circumstances, appropriate orders be passed directing the respondents to release the due retiral benefits with interest to the legal representatives of the deceased petitioner forthwith without any further delay.

6. Per contra, counsel for the respondents has opposed the arguments raised by the counsel for the petitioner and has submitted that the deceased petitioner was working as Inspector Audit in Cooperative Department, Churu and thereafter he was sent on deputation and thereafter his services were returned back to the parental Department vide order dated 06.11.2017. Counsel submits that because of the above fact the requisite service record of the petitioner could not be collected and delay had occurred in finalizing the pension claim of the petitioner. Counsel submits that the respondents are in the process of releasing the due retiral amount to the petitioner in short time.

7. Counsel for respondent No. 5 submits that after c