JUDGMENT :

B.R. Sarangi, J.

1. The petitioner, who is a retired Deputy Manager of Orissa Forest Development Corporation Ltd. has filed this application seeking for a writ of mandamus to the opposite parties to pay/release his gratuity and leave salary amount with 18% interest per annum w.e.f. 01.08.2002 and further for award of cost and damages for harassment caused to him.

2. The short fact of the case in hand is that the petitioner was appointed as Sub-Divisional Manager in the Corporation in the year 1967 and was posted at Nawarangpur Division of Orissa Forest Development Corporation Limited (hereinafter referred to O.F.D.C. Ltd.), pursuant to which, he joined on 06.04.1967 and thereafter the petitioner was promoted to the post of Dy. Divisional Manager in the year 1989. Thereafter on attaining the age of superannuation, the petitioner retired from service w.e.f. 31.07.2002 and by the time he retired from service, he was in-charge of Divisional Manager (PI) of Berhampur Division. The General Manager vide office order dated 25.02.2002 allowed the petitioner to retire from service. But the petitioner has been deprived of getting his retirement benefits such as gratuity and leave salary amount even though five years have lapsed from the date of his superannuation although there is no disciplinary proceeding pending against him. All the Divisional Managers under whom the petitioner has rendered service submitted No Dues Certificate and No Objection Certificate, but the opposite party Nos. 1 and 2 have withheld the retirement benefits i.e. gratuity and leave salary amount without any rhyme or rhythm. Though the petitioner moved from pillar to post, no action has been taken till date. Hence this application.

3. Mr. S. Senapati, learned counsel for the petitioner states that though the petitioner has moved the authority several times for release of gratuity as well as leave salary towards retirement benefit admissible to him, no action has been taken and for the first time in the counter affidavit it is urged that on the basis of the internal audit report of the Corporation dated 03.05.2005, the total outstanding against the petitioner comes to Rs. 5,81,131/-, out of which Rs. 61,053.29/- has been recovered from the petitioner and the balance amount of Rs. 5,20,077.25/- has to be recovered from him. Though unutilized E.L. for Rs. 1,09,296/- and gratuity amount of Rs. 2,75,867/- were sanctioned on 15.5.2009, the same has not been paid to him as there was no final settlement of the audit report involving Rs. 5,81,131/- by the Triangular Committee in the light of the judgment passed by this Court in W.P. (C) No. 16071 of 2006 (Raghabananda Das v. O.F.D.C. Ltd. disposed of on 1.9.2008). It is urged that merely on the basis of the audit report, the retirement benefit cannot be withheld unless the same is determined by following due procedure of law. Therefore, the opposite parties are liable to pay the retirement benefits such as gratuity as well as leave salary which were sanctioned vide letter dated 15.05.2009.

4. Mr. S.K. Pattnaik, learned Sr. Counsel for the opposite party-Corporation states that admittedly the petitioner was superannuated from service on attaining the age of superannuation w.e.f. 31.07.2002. But subsequently in an internal audit of the Corporation, it was found that an amount of Rs. 5,81,131/- is recoverable from the petitioner. It is stated that on the basis of the report submitted by the Chief Audit Officer on 5.3.2005, since an amount of Rs. 61,053.29 has been recovered, the balance outstanding amount of Rs. 5,20,077.25 is to be recovered from the petitioner. Admittedly the unutilized leave salary and gratuity amount has been sanctioned by the authority vide letter dated 15.05.2009, but the same has not been paid to the petitioner because of non-finalization of the audit recoverable amount as per the audit report submitted by the Chief Audit Officer on 3.5.2005. It is also admitted that the amount so recoverable pur