JUDGMENT

C. Nagappan, C.J. This writ appeal is preferred challenging the order dated 21.03.2012 passed by the learned Single Judge in W.P.(C) No. 24835 of 2011. The writ petitioner is the appellant herein.

2. The brief facts of the case leading to filing of this writ appeal are as follows.

The appellant/writ petitioner was working as Chief General Manager (Production) since 17.02.2006 at Rajmahal Area under Mahanadi Coalfields Ltd., Burla, Sambalpur in the State of Odisha. A memo containing articles of charge was issued to him on 01.10.2007 alleging that there was shortage of stock of coal in Rajmahal Group of Mines which was under his management and enquiry was proposed to be conducted under Rule 29 of the Conduct, Discipline & Appeal Rules, 1978 of Coal India Ltd. However, during the pendency of the departmental proceeding, the appellant/writ petitioner was allowed to retire on 31.07.2010 (AN) on attaining the age of superannuation. He submitted an application on 21.09.2010 to the Director (Personnel), Mahanadi Coalfields Ltd. for payment of gratuity. On the same date he also submitted an application before the Controlling Authority under Payment of Gratuity Act, 1972 –cum-Regiona