CWP No. 5481 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5481 of 2008 Date of decision: 03.12.2009 Lal Chand Sharma ....Petitioner Versus Haryana Warehousing Corporation ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Narender Yadav, Advocate, for the petitioner. Mr. Jitender Sharma, Advocate, for the respondent. ***** VINOD K. SHARMA, J (ORAL) The petitioner has invoked the writ jurisdiction of this Court to challenge the order Annexure P-2 vide which the respondent i.e. Haryana Warehousing Corporation has refused to release the gratuity, leave encashment, commuted leave etc. to the petitioner on his retirement. The petitioner retired from service of the respondent after putting in 33 years of service on 31.3.2005. The petitioner at the time of his retirement was working as Accountant Assistant at District office, Faridabad. The pension was released to the petitioner, however, the respondent-Corporation did not pay the gratuity, leave encashment nor encashed his earned leave, for the reason that inquiry was pending against the petitioner. CWP No. 5481 of 2008 -2- The petitioner claimed, that the respondent was withholding an amount of Rs.6,00,379/- (Rupees six lac three hundred and seventy nine only) without any reason whatsoever. It is further the case of the petitioner that in spite of demand and representations, the amount was not released to the petitioner. The petitioner thereafter approached this Court by filing a writ petition, wherein an order was passed directing the respondent to take decision on the legal notice served by the petitioner. Vide order dated 29.12.2006, relief claimed was declined, on the ground that total amount payable towards gratuity and leave encashment works out to Rs.2,19,594/- (Rupees two lac nineteen thousand five hundred and ninety four only) plus Rs.1,35,135/- (Rupees one lac thirty five thousand one hundred and thirty five only), whereas the amount recoverable from the petitioner was more than Rs.15,97,527/- (Rupees fifteen lac ninety seven thousand five hundred and twenty seven only). It was decided that the amount could not be released till finalisation of the inquiry, which was pending against the petitioner. After waiting for respondent to take a decision, the petitioner again approached this Court by filing the present writ petition for release of gratuity and other retiral benefits. Mr. Narender Yadav, learned counsel, appearing on behalf of the petitioner, has placed on record today an order dated 1.12.2009, imposing a recovery of Rs.1,00,000/- (Rupees one lac only) with a penalty of 25% cut in pension for a period of three years on account of the charges proved against the petitioner. While reserving a right to challenge the order dated 1.12.2009 CWP No. 5481 of 2008 -3- imposing recvovery and penalty of cut in pension, the learned counsel for the petitioner contends, that there is no justification whatsoever with the respondent to withhold the balance retiral benefits after deducting a sum of Rs.1,00,000/- (Rupees one lac only). This stand of the petitioner could not be disputed by the learned counsel for the respondent. This plea of the petitioner, therefore, deserves to be accepted. Consequently, this writ petition is allowed. The respondent is directed to release the reitral benefits i.e. gratuity, encashment of earned leave and other retiral benefits within a period of three months of the receipt of certified copy of this order, after deducting the amount of penalty imposed. However, it shall be open to the petitioner to challenge order of penalty dated 1.12.2009, if so advised. The petitioner shall also be entitled to interest @ 9% on the amount withheld, from the date of retirement till payment. No costs. (Vinod K. Sharma) Judge December 03, 2009 R.S.