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2013 Supreme(Jhk) 661

N.N.TIWARI
Jagdish Prasad – Appellant
Versus
General Manager (Region), Food Corporation of India, Ranchi – Respondent


Advocates Appeared:
Amarsh Kumar, for the petitioner.
Satish Bakshi, for the respondents.

ORDER

By the Court.–The petitioner has prayed for quashing the letter Reference dated 10.8.2010 (Annexure-3), whereby the petitioner's representation has been rejected holding that the amounts of gratuity and leave encashment cannot be released to the petitioner due to pendency of the Court cases against him. The petitioner has also prayed for a direction on the respondents to release the amounts of gratuity and leave encashment with interest.

2. According to the petitioner, he retired from the post of Manager (General), Food Corporation of India (FCI for short) long back on 30th June, 2008. After retirement, the petitioner was entitled to get the amounts of gratuity and leave encashment, but the said amounts were not paid to him on the ground of pendency of Court cases against him.

3. Being aggrieved by the same, the petitioner has filed this writ petition. By order dated 13.7.2011, this Court directed the respondents to pay the amount of leave encashment. Accordingly, that amount has been paid to the petitioner. The respondents have, however, not paid the amount of gratuity.

4. Learned counsel for the petitioner submitted that the amount of gratuity has been withheld on the ground of







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