Petitioner was a Last Grade Servant in the first respondent school. He retired from service on 31.03.2011. He was disbursed all his terminal benefits, except the Death-Cum-Retirement Gratuity. According to the petitioner, there is no reason whatsoever for the respondents to withhold his Death-Cum-Retirement Gratuity. He, therefore, seeks directions to the respondents to disburse his Death- Cum-Retirement Gratuity with interest.
2. When this matter has come up for orders today, the learned Government Pleader submitted, on instructions, that a liability has been fixed to be recovered from the Death-Cum-Retirement Gratuity of the petitioner by the third respondent, on 28.01.2014, after notice to the petitioner and therefore, nothing remains to be paid to the petitioner towards his gratuity.
3. The learned counsel for the petitioner then pointed out that the petitioner has not been served with the order passed by the third respondent.
4. In so far as a liability has been fixed, to be recovered from the Death-Cum-Retirement Gratuity of the petitioner, the direction W.P(C) No.6305 of 2014 2 sought for by the petitioner, cannot be granted.
In the circumstances, the writ petition is disposed of directing the third respondent to issue a copy of the order dated 28/1/2014, within two weeks from today. It is made clear that the petitioner is free to challenge the said fixation of liability in appropriate legal proceedings.
Sd/-
P.B.SURESH KUMAR, JUDGE smv