O R D E R

1. The instant petition has been filed by the learned counsel for the applicant with following prayers:

(i) Mandamus: Commanding respondent no. 1 to 4 to process in all respects pension case of the applicant for the post of Teacher, a post from which applicant retired on 31.07.2013.

(ii) To pay the un-paid salary of applicant for the period between March 2013 to July 2013.

(iii) To pay applicant, leave salary and gratuity alongwith interest @ 12% from the date it fell due to the applicant till it is actually paid to him.

(iv) Commanding respondent no. 5 to sanction the pension and all other related benefits in his favour on submission of his case by respondent nos. 1 to 4.

2. The brief facts of the case is that the applicant initially was appointed as peon on 07.03.1980 in Higher Secondary School Billawar. He was promoted as Laboratory Bearer and thereafter as Laboratory Assistant Vide order dated 10.09.1992 as issued by respondent no. 3, under his designation, as he was then being called as District Education Officer, promoting many Laboratory Assistants to the post of Teacher, applicant herein, also was promoted vide the aforesaid order to the post of Teacher. Unfortunately as it turned out now for applicant, applicant on his retirement, on 31.07.2013, had expected that his pension case, as also case relating to his claim of payment of leave encashment, gratuity etc would be settled before he laid office on 31.07.2013, yet, the same did not happen. Applicant was not paid his salary from March 2013 to his last day of working i.e. 31.07.2013, as the school authorities told applicant that his case for settlement of pension was being considered and he will get everything either on his date of retirement or immediately thereafter. Applicant has been making requests for settlement of his pension, but, the same is not being done on the ground, that applicant's service book was not available with respondent no. 4. To complete sequence here only, applicant's service book, as applicant was told earlier by the office of ZEO Malhar (respondent no. 4), that his service book had been submitted to CEO Kathua (respondent no. 3, District Education Officer Kathua, as he then was called) by the Headmaster H.S. Sukral vide his no. 33 dated 19.08.1988, for some verification, by the court. Service book of applicant then was asked to be sent by respondent no. 3 to respondent no. 4. This fact was endorsed by respondent no. 4, on the application which applicant had made on 01.08.2001 to CEO Kathua and a report thereto was made by respondent no. 4 on the same, Applicant despite his repeated requests to respondents 2 to 4, for processing of his pension case and releasing what is prayed by the applicant, in the writ petition, has not yielded any result. Applicant has absolutely no source to fall back on his survival and for the survival of his dependent family. He / applicant, having lost all his hope of waiting for action by respondent no. 1 to 4 has no option, but, to approach this Hon'ble Court for reliefs, which he has prayed, in the writ petition.

Hence the present writ.

3. Learned counsel for the applicant submitted that amount, which includes the un-paid salary between March 2013 to July 2013, which has also not been paid to the applicant, till such time the payment is actually made to the applicant. Applicant's very right to life which includes right to livelihood, as also, his dependents comprised of his family, has also been infringed, as applicant is threatened with starvation and death because of total lack of resources to survive on. The applicant, thus, would be praying for exemplary cost against the respondents, for not having processed and paid his pensionary and other benefits, as are prayed in the petition.

4. Mr. Sudesh Magotra, ld. AAG submitted that he has filed the reply and submitted that it was admitted case that non-availability of the service book of the applicant is, in fact, the main cause for not processing his pension c