WP(C) 2788/2010 BEFORE THE HON’BLE MRS.JUSTICE ANIMA HAZARIKA Invoking power under Article 226 of the Constitution of India, writ of M andamus has been sought for directing the respondents to pay the retirement bene fit to the petitioner to which the petitioner is entitled to under the law. 2. Heard Mr. T.J. Mahanta, learned counsel appearing for the petitioner. Al so heard Mr. B.J. Ghosh, learned State counsel appearing for respondent Nos.1 & 3., Mr. B. Choudhury, learned Standing Counsel, Finance Department appearing fo r respondent No.2 and Ms. G. Kalita, learned counsel appearing on behalf of Mr. A. Thakur, learned Standing Counsel, Assam Khadi & Village Industries Board, res pondent no.4. 3. The petitioner was serving as Upper Division Assistant in the Assam Khad i & Village Industries Board (hereinafter referred to as ’the Board ) and he was posted at Head Office at Guwahati. The petitioner retired from service on super annuation on 31.1.2008. At the time of retirement the petitioner was entitled to get the following dues as retirement benefit since his service was non-pensiona ble: (i) Gratuity (In revised pay scale) (ii) Leave Salary (In revised pay scale) (iii) Contributory Provident Fund (In revised pay scal e). 4. After his retirement from service on 31.1.08, an amount of Rs.50,000/- v ide Cheque No.022651 dated 9.10.09 was paid to the petitioner for the first tim e. The petitioner thereafter time and again approached the authority praying for payment of the outstanding dues. But that evoked no response. Thus finding no o ther alternative, the petitioner has approached this Court by filing the instant writ petition with the aforesaid prayer. However, after filing of the writ peti tion an amount of Rs.35,000/- and another amount of Rs.65,101/- vide Cheque Nos. 041840 and 041841 dated 31.3.10 was paid to him on 31.3.10 itself. After payment of the aforesaid amount, now outstanding amount remains to be paid is Rs.4,77,5 15/-. 5. An affidavit-in-opposition has been filed on behalf of respondent No.1 w herein at para-3 details of payment already made as well as amount stand payable to the petitioner have been mentioned. The relevant para-3 is quoted hereinbelo w: 3. That , in regard to the statement made in paragraphs Nos.4,5,8, 9 and 10 of the writ petition, the deponent states that the retirement benefits sanctioned to the petitioner was Rs.6,14,464/- by the Respondent No.3 c omprised of Rs.3,02,919/- on account of Contributory Provident Fund, Rs.1,43,045 /- on account of Leave Encashment and Rs 1,68,500/- on account of Gratuity. As reported by the Respondent No.4, out of the aforesaid amount of Contr ibutory Provident Fund, an amount of Rs.9,773/- was adjusted being the liabili ties fixed on him and further following amount was also paid against Provident F und dues. Cheque No Date Amount 022651 09-10-2009 Rs 50,000/- 041840 31-03-2010 Rs.35,000/- 041841 31-03-2010 Rs.65,101/- (Against Bank loan) Total Rs.1,50,101/- At present the total amount stands payable to the petitioner are as fo llows: 1.Provident Fund Rs. 1,43,045/- 2.Leave Encashment Rs. 1,65,970/- 3.Gratuity Rs. 1,68,500/- Total Rs. 4,77,515/- 6. It is submitted by the learned counsel appearing for the Board that the amount could not be paid due to non receipt of the proposal submitted before the Finance (Budget) Department by the Department of Handloom & Textiles. In regard to the submission so made, a written instruction dated 6.8.2010 has also been p laced before this Court by the learned counsel. Perusal of the same would reveal that the Department of Handloom Textiles & Sericulture Department has received outstanding gratuity proposal of Rs.4,25,61,074/- from the Board through Direc tor of Handloom & Textiles for payment to the retired/expired employees, enclos ing a list of such employees alongwith the said communication. The name of the p etitioner finds place at Serial No. 106. However, the Finance Department regrett ed the above proposal mentioned in the communication dated 6.8.10 and therefore, the outstanding amount could not be released to the petitioner. 7. In regard to the reasons shown by the Board for non-payment of remaining retirement benefits to the petitioner, Mr. Mahanta, learned counsel appearing f or the petitioner has brought to the notice of the Court the communication dated 31.8.09 (Annexure-A) annexed to the affidavit-in-opposition so submitted on beh alf of respondent Nos.3 & 4, perusal of which would reveal that this Court by or der dated 3.8.09 passed in two writ petitions being WP(C) Nos. 3573/08 and 3574/ 08 directed the Board to take up the issue with Government of Assam for payment of gratuity as per provision of the Payment of Gratuity Act, 1972 (for short ’th e Act’) in case of the retired employees, inasmuch as, as per this Court’s dire ction, the retired employees including the petitioner are covered under the Act and as such a huge expenditure will have to be borne. Accordingly, the Board th rough the department of Handloom & Textiles submitted budget for the aforesaid a mount to the Finance (Budget) Department and same has been regretted by the Depa rtment. 8. Referring to the above stand taken by the Department, Mr. Mahanta has su bmitted that the petitioner’s case is for payment of the outstanding retirement dues only, whereas vide communication dated 6.8.10 respondent has submitted prop osal before the Finance (Budget) for payment to the retired/expired employee the ir gratuity dues as per this Court’s direction. The stand taken by the Board is therefore not correct. On that ground, the payment of retirement dues to the pet itioner cannot be withheld or deferred, submitted Mr. Mahanta. 9. I have considered the submission made by the learned counsel appearing f or the parties. Also perused the pleadings set forth by the parties. Admittedly, petitioner retired from service on superannuation on 31.1.08. After his retirem ent, petitioner is entitled to an amount of Rs.6,14,464/-. But till date petitio ner has received Rs.1,50,101/- only. After deduction of the aforesaid amount, pe titioner now is to receive Rs.4,77,515/-. As per statements made on oath in the petition, petitioner is suffering from heart disease and presently the petitione r is in Chennai for treatment of his disease. It is the case of the petitioner t hat as and when the Finance Department releases the amount of gratuity as per di rection of this Court that may be paid to the petitioner. But at the present the petitioner’s prayer is for releasing the outstanding retirement benefit only. 10. In view of the above, the Board is directed to pay the outstanding retir ement benefits to the petitioner as mentioned at para-3 of the affidavit-in-oppo sition filed on behalf of respondent No.1, quoted hereinabove within a period of 6 (six) months from the date of receipt of certified copy of this order. It is also made clear that the difference of gratuity amount as directed by this court shall be paid to the petitioner as and when the same is released by the Finance (Budget) Department. 11. With the aforesaid direction this writ petition is allowed. No cost.