CWP NO.6993 OF 1992 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 01.5.2009 Smt.Pushpa Sharma ...Petitioner VERSUS State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Saurav Garg, Advocate for the petitioner Mr.Yatinder Sharma, AAG, Punjab Permod Kohli, J. (Oral) The husband of the petitioner joined the service of the respondent- State in the year 1963. He was working as Assistant Cashier and died on 10.2.1989 while in service. After his death, an official of the respondents- State approached the petitioner-widow of the deceased-Bal Krishan Sharma for recovery of Rs.16,000/- on the ground that the said amount was found CWP NO.6993 OF 1992 2 deficient which was alleged to be embezzled by the deceased. The said amount was recovered from the petitioner. After the death, the respondents prepared a bill for Rs.17,500/- on account of leave encashment. It is alleged that only an amount of Rs.8500/- was paid, though the receipt for the entire amount of leave encashment was obtained. The other grievance of the petitioner is that the Death-cum-Retirement Gratuity has not been released in favour of the petitioner. The respondents have filed their replies. In so far as the amount of leave encashment is concerned, it is stated on behalf of the respondents that the entire amount leave encashment of Rs.17,500/- has been paid to the petitioner which is disputed by the petitioner. There is disputed question of fact regarding the payment of leave encashment which cannot be gone into in the present writ petition. The petitioner is at liberty to take recourse to any other remedy as available under law regarding the payment of leave encashment. As far as the stand of the respondents regarding payment of Death- cum-Retirement Gratuity is concerned, it is stated on behalf of the respondents that the deceased husband of the petitioner embezzled an amount of Rs.51630.45 and thus the payment of Death-cum-Retirement Gratuity could not be made. However, it is admitted case of the parties that no enquiry was ever conducted in this regard. The petitioner is entitled to an amount of Rs.49980/- on account of Death-cum-Retirement Gratuity CWP NO.6993 OF 1992 3 which fact is admitted in the reply filed by the respondents. Besides that other payments such as Group Insurance, Ex-gratitia payment, Earned Leave encashment, General Provident Fund etc. have also been paid to the petitioner. Since there is no enquiry in respect of the alleged embezzlement, hence the respondents are not entitled to withhold the said amount on any count whatsoever. In view of the above circumstances, this petition is partly allowed. The respondents are directed to release the Death-cum-Retirement Gratuity amounting to Rs.49980/- with statutory interest as payable under law within a period of three months, failing which the rate of interest shall be 12% per annum on the delayed payment. (PERMOD KOHLI) JUDGE 01.5.2009 MFK