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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Mohan Lal – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Namit Kumar, J. -
The petitioner has approached this Court by way of filing the instant writ petition under Articles 226/227 of the Constitution of India seeking a writ of mandamus, directing the respondents to release all the retiral benefits accrued to the petitioner on his retirement such as gratuity, commutation, remaining leave encashment, provident fund etc. along with interest @ 18% per annum till its realization.
2. Brief facts of the case, as have been pleaded in the present petition, are that the petitioner was appointed as Surveyor in Municipal Corporation, Amritsar in the year 1978. Thereafter, he was promoted to the post of Junior Engineer and further to the post of Assistant Town Planner in the year 2002 and retired as such on attaining the age of superannuation on 31.12.2010. During his service tenure, when the petitioner was posted at Municipal Corporation, Ludhiana, a case FIR No.l dated 20.01.2005 under Sections 420, 465, 467, 468, 471 and 120B IPC and under Section 13(1)(D) read with Section 13(2)/88 of Prevention of Corruption Act, 1988 in Police Station Vigilance Bureau, Ludhiana was registered against him and due to pendency of said case, at the time o
Delay in releasing retrial benefits entitles the retiree to interest, as established by precedent.
Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.
Retiral benefits cannot be withheld solely based on pending criminal charges unrelated to an employee’s official duties, as they are vested rights earned through service.
Pension and gratuity are rights of employees, mandating timely payment, with penalties for unjustified delays in disbursement.
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