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2021 Supreme(HP) 45

TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
Satnam – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. J. L. Bhardwaj, Advocate.
For the Respondents:Mr. Ashok Sharma, Advocate General, with Mr. Vikas Rathore, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl.A.Gs., Mr. J.S. Guleria and Mr. Bhupinder Thakur, Dy. A.Gs.

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

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