By way of this petition, the petitioner has prayed for a direction directing the respondents to pay the amount of difference immediately along with interest.
2. Brief facts, as narrated in the petition, are as under:-
2.1 The petitioner had joined the service in the office of the respondents as Junior Clerk on 01.08.1959 at Vallabh Vidyanagar. The petitioner after the completing 36 years of service was to retire on 30.09.1995. Since he is suffering from severe T.B. of Third Stage and severe bleeding from his mouth, the petitioner had taken leave from 02.09.1995 to 01.10.1995 and he was intending to go to Mysore for change of climate after sending his resignation letter to the respondent no.2. The respondent no.2 had suspended the petitioner on 28.09.1995, without giving any retirement benefits like Gratuity, Provident Fund, Pension etc. Criminal case being Criminal Case No. 781 of 1996 is pending before the Metropolitan Magistrate Court at Ahmedabad.
3. The respondents have filed their reply and submitted that what is due to the petitioner is also paid, but because of pendency of the criminal proceedings is pending before the Metropolitan Magistrate Court at Ahmedabad, 10% gratuity had been withheld. Para 9 and 10 of the reply reads as under: "9. The petitioner's entitlement to gratuity of Rs.89,388/-, the petitioner was paid Rs.80,450/-after withholding Rs.8938/-vide Finance Department Resolution No. DPP/1099/496/D/131(1)-P dated 28th June 2000 on account of pending court case.
10. Vide communication dated 31st August, 2009, the petitioner was intimated regarding the sanctioning of the revised pension as per the Finance Department Resolution dated 20.01.1998 and it was also communicated to the petitioner that due to pending court case, 10% gratuity had been withheld vide order dated 23rd June, 2000 and gratuity of Rs,18,450/- after withholding 10% being Rs.8938/- has been sanctioned vide order dated 26.12.2003. it was also conveyed to the petitioner that the withheld amount will be sanctioned if the court declares the petitioner "not guilty".
4. Having heard learned counsel for both the sides and having gone through the material on record, this Court is of the considered view that after the pending criminal case is over, if any amount is due to the petitioner, will be paid to the petitioner, within three months from the date of the acquittal order by the petitioner upon the Competent Authority of the respondents.
5. In view of the aforesaid observations, the present petition is disposed of accordingly. Notice is discharged.
[K.S.JHAVERI, J] Siddharth// Top