JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. Pension is succor for post retirement period. It is not a bounty payable at will, but is a social welfare measure, as also a post retirement entitlement to maintain the dignity of an employee. This is what the Courts in India including the Hon’ble Supreme Court have repeatedly held.

2. The instant case is a glaring example where the respondents have flagrantly and in most brazen manner denied the petitioner part of his retiral benefits, constraining him to file the instant petition for the grant of following substantive reliefs:

(i) That the writ in the nature of mandamus may kindly be issued directing the respondents to release the amount of Death-cum-retirement gratuity amounting to Rs.9,47,117/, leave encashment of 300 days, TA bills of 201617 and medical bills amounting to Rs.78059/- submitted by the petitioner alongwith interest @ 12% per annum on the amount of Death-cum-retirement gratuity and leave encashment w.e.f. 01.11.2017 till its realisation and justice be done.

(ii) That the respondents may kindly be directed to pay the compensation to the petitioner to the tune of Rs.1,00,000/- for unnecessarily harassing him.”

3. The petitioner was appointed as Forest Guard on 27.02.1981 and thereafter in the year 2005, promoted to the post of Deputy Ranger and then in the year 2015, the petitioner was promoted as Range Officer and consequent upon his promotion was ordered to be transferred and posted as Range Forest Officer, Naina Devi Ji, Forest Division Bilaspur in the year 2016 i.e. on 17.03.2016 and ultimately retired on superannuation from the said Range Zone on 31.10.2017.

4. It is not in dispute that certain retiral benefits have been withheld by the respondents and explanation for not releasing these benefits is contained in para3 of the preliminary submissions of the reply filed by respondents No.1 to 4, which inter alia reads as under:

“3. That during tenure of petitioner as RFO Naina Devi Ji Range, the felling of private Khair trees during the year 201516 under approved ten year felling programme (Annexure RIII) and under extension permissions during the year 201617 was going on in Kot, Saloa and Badoh blocks of Naina Devi Ji range. The respondent department as well as State Anti Corruption Bureau has received complaints regarding illicit felling of Khair trees from Govt. forests, in Naina Devi Ji range. Keeping in view of illicit felling in Naina Devi Ji range and ongoing investigation by State Vigilance & Anti Corruption Bureau, the DCRG and leave encashment of the petitioner is withheld to meet with the Govt. loss if found due to negligence/conspiracy of the petitioner by the competent court of law. Since petitioner is suspect in said illicit felling case which has also been communicated by Deputy Superintendent of Police, State Vigilance & Anti Corruption Bureau, Bilaspur vide his letter No. 568 dated 25.3.2021 (Annexure RIV). The State Vigilance and Anti Corruption Bureau has carried out detailed investigation into the complaints and found illicit felling of 4743 trees from the Govt. land of Saloa Block of Naina Devi Range with criminal conspiracy of field staff of Naina Devi Range. Further in this regard Station House Officer, State Vigilance & Anti Corruption Bureau, Police Station, Bilaspur had registered FIR No. 0001/2018 dated 25.2.2018 under Section 32, 33 of Indian Forest Act, 1927, Section 120B, 420 IPC, 1860 and under Section 13(2), 13(1) (d) of Prevention of Corruption Act, 1988 and has also interrogated petitioner many times along with others. Copy of FIR is annexed as Annexure RV. That matter with regard to payment of gratuity to petitioner was examined in the office of Deputy Controller (F&A) o/o PCCF (HoFF) HP where as per Annexure RVI who opined that “No gratuity is paid to the retired Govt. servant until the conclusion of Departmental/judicial proceedings against him unless the department proceedings are instituted under rule 16 of CCS (CCA) Rules, 1965 for imposi