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JASGURPREET SINGH PURI
Mahinder Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
JASGURPREET SINGH PURI, J.
1. The present petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Mandamus directing the respondents to release the retiral benefits i.e. Pension, arrears of pension, GPF, Gratuity, Commuted value of pension, leave encashment, full salary of suspension period from 16.05.2016 to 18.08.2017 arrears of full pay scale, Ist, 2nd and 3rd ACP Scale and other admissible retiral benefits alongwith interest.
2. The brief facts of the present case are that the petitioner was appointed as a Clerk in the office of the Municipal Council Thanesar respondent No. 5 on 04.12.1979. Thereafter, the petitioner being surplus in the office of respondent No. 5, was absorbed in the office of respondents No. 6 and 7 which are the government departments and he remained there from 20.02.2001 till 30.03.2007. Thereafter the petitioner was sent back to the office of respondent No. 5 and from the office of respondent No. 5 the petitioner had retired on attaining the age of superannuation on 31.03.2020.
3. While the petitioner was in service and was working in the office of respondent No. 5, he was suspended on 14.05
Point of Law : It is clear like a noon day that the retiral dues of an employee like petitioner cannot be allowed to withhold because the documents were not received by any department from other depa....
non-payment of leave salary and pension to retired employees is deprivation of a citizen in right to property. Such deprivation is violative of fundamental rights guaranteed under Article 21 and Cons....
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