Heard learned counsel for the petitioner.
Notices on behalf of opposite party No.1 has been accepted by the office of the learned Assistant Solicitor General of India and Sri K.K. Pandey, Advocate has put in appearance on his behalf, while Sri Krishna Chandra, Advocate has accepted notices on behalf of opposite party Nos.3 and 4, who has put in appearance on their behalf.
By means of this writ petition, the petitioner has prayed for the following reliefs:-
"i. Issue a writ, order or direction in the nature of mandamus directing the opposite parties to release the retiral benefits payment of 120 days privileged leave encashment amount of Rs.1,23,004/- as on 31.12.2014 with update interest @ 20% from the superannuation date of the petitioner.
The submission of learned counsel for the petitioner is that act of the opposite parties to keep the admitted amount payable to the petitioner since 2014 after retirement of under the garb of economic crunch and releasing thereof to other identically placed employees of the I.T.I. and person seeking voluntary retirement is unwarranted and uncalled for and non-payment of statutory dues even after retirement by the public body and the State being model employer is against the imperative of Article 21 of the Constitution of India.
Sri Krishna Chandra, learned counsel for the opposite party Nos.3 and 4 has submitted that the company in question is running in huge loss but since the payment of the retiral dues to the employees is their responsibility, therefore, they have requisitioned to the Competent Authority of the Government of India seeking requisite funds and there is likelihood that the amount which is to the tune of Rs.39.74 crores would be released very soon. He has further submitted that as soon as the said amount is received, the requisite payment shall be made not only to the petitioner but to other persons in a like nature.
Let counter affidavit be filed by the opposite parties within two weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this petition in the week commencing 25.02.2019 as fresh along with Writ Petition No.1918 (S/S) of 2019.
It is expected that the needful exercise would be carried out by the opposite party Nos.3 and 4 with promptness so that the retired employees, who are in dire need of funds could be paid their post retiral benefits at the earliest. It is further directed that since the requisition for getting the requisite fund is pending before the Competent Authority of Government of India, therefore, the opposite party Nos.1 and 2 are also directed to do needful with promptness to redress the grievance of the retired employees, as aforesaid.
Order Date :- 25.1.2019 Suresh/ [Rajesh Singh Chauhan,J.]