THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.7732 of 2018

ORDER:

This Writ Petition is filed seeking the following relief:

“…to issue an order or a direction one in the nature of writ of mandamus declaring the action of the respondent in releasing the Gratuity of the petitioner as illegal, contrary to law, right to property and judicia precedents and be pleased to pass such other order or orders...”

2. Heard Mr. J.C.Francis, learned counsel for petitioner, and Mr. G.R.S.Akhileswar, learned counsel representing Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India, for respondents.

3. Brief facts of the case:

Petitioner, an employee of Indian Institute of Surveying and Mapping Survey of India, retired as a Supervisor on attaining the age of superannuation. A suit bearing O.S.No.1684 of 2013 was filed by one Mr. M.Mark before the I Additional Senior Civil Judge at LB Nagar, for recovery of more than 8 lakhs. I.A.No.75 of 2014 came to be filed in O.S.No.1684 of 2013 seeking a Garnishee order. Trial Court vide order dated 24.02.2014 issued prohibitory order to Garnishee not to release the suit amount out of retirement benefits of petitioner herein (Mr. M.Hanumant