Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.

JUDGMENT

Namit Kumar, J.

Petitioner has approached this Court by way of filing the present petition under Articles 226/227 of the Constitution of India seeking a writ of certiorari for quashing the order dated 22.11.2022 (Annexure P-9) vide which the claim of the petitioner for grant of interest on the delayed payment of retiral benefits stands declined and further a writ of mandamus has been sought for directing the respondents to grant interest @ 18% per annum on the retiral benefits, which include gratuity, arrears of pension, regular pension and arrears of leave encashment on account of revised pension, which have been paid after a considerable delay to the petitioner, after his retirement on 31.03.2012.

2. Brief facts, as have been stated in the petition, are that the petitioner was promoted as Junior Engineer on 09.07.1999 and retired as such on 31.03.2012 on attaining the age of superannuation from the office of Municipal Corporation, Patiala and thereafter GPF amount of Rs. 2,49,910/-, leave encashment amount of Rs. 3,48,320/- was paid to him. Regular pension and gratuity was not disbursed to the petitioner and only provisional pension was granted, in view of case bearing FIR No.5 dated 12.07.2011 under sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and Section 120B IPC registered at Police Station Vigilance Bureau, Patiala, registered against him. The petitioner had earlier filed CWP No.12990 of 2021 seeking directions to the respondents to revise the pay of the petitioner in accordance with notification dated 01.12.2011 by granting pay scale of Rs. 15600-39100+5400 grade pay. The said writ petition was disposed of by this Court vide order dated 16.07.2021, with a direction to the respondents to consider the legal notice dated 19.04.2021, by passing a speaking order, preferably within a period of one month from the date of receipt of certified copy of the order. Thereafter, the department has revised his pay and given him accrued arrears upto 31.03.2012. It has further been averred that gratuity amount was not released to the petitioner on account of pendency of FIR No.5 dated 12.07.2011, despite the fact that cancellation report was accepted by the learned Special Judge, Patiala, on 13.01.2021. It has further been averred that despite 'NOC' issued by the Municipal Corporation, Ludhiana, vide letter dated 26.09.2012 (Annexure P-6), gratuity amount was not released to the petitioner and the same has been released only on 03.11.2022 despite the fact that no chargesheet/criminal proceedings were pending against him. Therefore, he is also entitled for interest on the delayed payment of retiral benefits. Thereafter, petitioner served legal notice dated 10.06.2022 upon the respondents and since no reply/action was taken, therefore, the petitioner again approached this Court by way of filing CWP No.14236 of 2022 seeking directions to release all the pensionary benefits in his favour. In terms of said order, petitioner has been given gratuity amount of Rs. 7,44,975/- on 03.11.2022 and pension amount of Rs. 2,24,101/- on 07.11.2022 and rejected his claim regarding interest on the delayed payment. In the meantime, petitioner filed COCP No.2265 of 2022, which stands disposed of as infructuous on 09.03.2023 as all the benefits i.e. ACP, leave encashment, gratuity and pension have already been paid to the petitioner.

3. On issuance of notice of motion, written statement on behalf of respondent No.3 has been filed and it has been stated therein that the petitioner was not disbursed the gratuity in view of FIR No.5 dated 12.07.2011 and the same was cancelled by the Court of learned Special Judge, Patiala, vide order dated 13.01.2021 and since respondent No.3 was not party to the abovesaid criminal case, therefore, petitioner informed the office of respondent No.3, vide application dated 03.06.2021 that the criminal case against him stands disposed of. Accordingly, the case of the petitioner was proceeded for dis