COCP No. 2165 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 2165 of 2009 Date of Decision: 11.8.2010 Vinod Kumar Khunger .....Petitioner Versus S.P. Singh and others ….Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Sandeep Jasuja, Advocate, for the petitioner. Shri M.C. Berry, Additional AG, Punjab. Hemant Gupta, J. (Oral) The petitioner filed a writ petition before this Court for directing the respondents to release all the retiral benefits, including pension, gratuity, leave encashment, commuted amount of pension and for payment of arrears along with interest on account of delayed payment of such benefits. This Court directed the respondents to decide the claim of the petitioner vide order dated 9.3.2009. In pursuance of such directions affidavit dated 15.2.2010 was filed pointing out that the retiral benefits of the petitioner were withheld for the reason that two charge-sheets were pending against the petitioner and his name was kept in a sealed cover in the meeting of the Departmental Promotion Committee held on 23.11.2006. It has COCP No. 2165 of 2009 [2] been further pointed out that the charges were dropped on 30.6.2009 and 14.12.2009 and the petitioner promoted as Food and Supply Officer, vide order dated 28.1.2010 with effect from 29.11.2006. It has also been pointed out that the retiral benefits, such as gratuity of Rs.3,50,000/-, leave encashment of Rs.2,28,740/- and balance of the pension and interest have been paid to the petitioner. In the affidavit filed by the petitioner, it has been pointed out that the gratuity sanctioned is Rs.4,45,484/- and the balance of Rs.95,484/- is still pending. It is also pointed out that the due amount of the leave encashment is Rs.2,69,990/- whereas amount of Rs.2,28,740/- has been paid. Thus, a sum of Rs.41,250/- is still due and payable to the petitioner. On the other hand, in an affidavit dated 10.8.2010 filed by Shri D.S. Grewal, Director, Food, Civil Supplies and Consumer Affairs, it has been pointed out that the revised pension has been sanctioned and that as per the Policy Instructions issued on 26.5.2010, the decision regarding payment of arrears on account of enhanced gratuity to all those employees, who retired during the period 1.1.2006 to 31.7.2009, will be taken in due course by the Finance Department. Once the petitioner has been paid the substantial amount of the retiral benefits, it cannot be said that there is any willful disobedience on the part of the respondents for not complying with the directions of this Court. There is dispute regarding the amount due to the petitioner towards leave encashment. As per the petitioner, the said amount is Rs.2,69,990/- and the petitioner has been paid only a sum of Rs.2,28,740/- excluding interest on account of delayed payment of the leave encashment. Such disputed question cannot be determined in the contempt proceedings. It, is, however, open to the COCP No. 2165 of 2009 [3] petitioner to avail his alternative remedy in respect of the said claim in appropriate proceedings, in accordance with law. The other claim of the petitioner is towards the enhanced amount of gratuity. The petitioner has attained the age of superannuation on 31.7.2007 and, thus, his case falls within the policy instructions of the State Government dated 26.5.2010. The decision to pay the enhanced gratuity to the employees such as the petitioner, shall be taken in due course. Since the gratuity is one time payment, such amount shall be payable to the petitioner, if it is decided by the State Government to pay such amount. No further orders are called for. The present petition stands disposed of. Rule is discharged. [HEMANT GUPTA ] JUDGE 11.8.2010 ds