CWP No. 2305 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 2305 of 2009 Date of decision January 8, 2010 Surinder Kumar Gogia ....... Petitioner Versus Haryana Vidyut Parsaran Nigam Limited and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr.S. P. Thukral, Advocate for the petitioner. Ms. Sangeeta Dhanda, Advocate for the respondents. **** K. Kannan, J (oral). 1. The writ petition is for releasing the retiral benefits as gratuity and 10% of pension which was withheld by the respondent on the ground that some recoveries have to be made from the petitioner. The counsel for the petitioner states that the recovery sought against the petitioner was subject to the writ petition No.15594 of 2006 and this Court has passed a judgment on 4.11.2009 quashing the recoveries. The result of the decision passed by this Court is not denied by the respondents. 2. The retiral benefits according to the learned counsel for the petitioner which had accrued was to the tune of Rs.3.5 lacs while even the amount which was found assessed as recovery and which was the subject matter of the writ petition referred to above, was to the tune of about Rs.26880/-. It is not seen how for an amount of Rs.26880/- which the respondents were alleging that the petitioner was bound to pay, a large sum of more than 3 lacs was withheld. By the fact that even the recovery of the amount has been quashed by a decision of this Hon'ble Court, there CWP No. 2305 of 2009 2 will be no justification for withholding the retiral benefits. 3. Having regard to the fact that the retiral benefits had been withheld since 31.3.2006 which itself, in my view, was not justified and that the entire amount of the so called recoveries was less than 1/10th of what the petitioner was entitled, the respondents shall forthwith release all the retiral benefits with interest at 9% from the date when it fell due till the date of payment. Such exercise shall be done within a period of six weeks. 4. The writ petition is disposed of accordingly. (K. KANNAN) JUDGE January 8 ,2010 archana