Heard learned counsel for the parties.
Sri Rishabh Kapoor, learned counsel for the opposite parties has demonstrated an order dated 06.02.2019 issued by the Chief Accounts Officer, Uttar Pradesh, Jal Nigam, Lucknow, whereby it has been indicated that the petitioner has been paid the amount of gratuity. The details of Bank Account to that effect has also been annexed with this order dated 06.02.2019, a copy of the order dated 06.02.2019 is taken on record.
Learned counsel for the petitioner has submitted that the payment of gratuity has been made to the petitioner but still the payment of leave encashment and some other post retiral benefits are to be paid to the petitioner.
Per contra, Sri Rishabh Kapoor, learned counsel for the opposite parties has submitted that since the petitioner is involved in one criminal case and trial thereof is going on before the trial court, therefore, the amount of leave encashment has been kept by the department for the purpose that if any order is passed by the trial court and pursuant to that order any order is passed by the department making recovery from the petitioner, that amount may be adjusted. He has further submitted that if the petitioner is exonerated from the trial court and that order is accepted by the department, the petitioner shall be paid his remaining post retiral benefits. Sri Kapoor has also suggested that this petition may be disposed of at this stage giving liberty to the petitioner to file any other petition if any cause of action accrues to him at the later stage.
The aforesaid submission of Sri Kapoor appears to be bonafide inasmuch as all post retiral benefits except the leave encashment, have been paid to the petitioner, therefore, the said payment can be made subject to final outcome of the trial court.
Learned counsel for the petitioner has submitted that if the counter affidavit is filed by the opposite parties, he may file the rejoinder affidavit and this Court may pass any final order after considering the pleadings of both the side.
Let the counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after expiry of the aforesaid period.
Order Date :- 22.2.2019 Suresh/ [Rajesh Singh Chauhan,J.]