Heard learned counsel for petitioner and Shri Shireesh Kumar, learned counsel for respondents.
With the consent of learned counsel appearing for contesting parties, the matter is finally being disposed of.
The instant petition has been filed praying for a writ of mandamus commanding the respondents to make payment of post retiral dues like earned leave encashment and gratuity etc. Learned counsel for petitioner contends that the petitioner has retired from service on 31.12.2017 and despite lapse of more than three and half years his dues have still not been paid.
This Court vide order dated 13.08.2021 had required learned counsel for respondents to seek instructions in the matter.
Today Shri Shireesh Kumar, learned counsel for respondents, on the basis of instructions given by Deputy Managing Director (Administration) of Corporation dated 12.08.2021, informs that prior to retirement, the petitioner had been issued a show cause notice on 06.04.2017 to which he did not submit any reply. Thereafter he retired on attaining the age of superannuation on 31.12.2017. However, he submits that instructions are completely silent on the issue that whether any chargesheet has been issued or not.
Shri Shireesh Kumar, on the basis of instructions, also submits that a request had been sent to the Registrar of cooperative societies to initiate action against the petitioner for recovery of surcharge under Section 68 of the U.P. Cooperative Societies Act, but no such orders have been passed by the Registrar as of date.
Having heard learned counsel for parties and having perused the record what is apparent is that the petitioner has retired on 31.12.2017 and his retiral dues like earned leave encashment and gratuity have still not been paid. The grounds taken by the respondents, as comes out from instructions, are that (a) a request has been sent to the Registrar of cooperative societies for initiation of action for recovery of amount of surcharge and (b) the petitioner having not replied to the show cause notice.
Admittedly there is no departmental inquiry pending against the petitioner as on date. Further, no orders have been issued by the Registrar for recovery of any surcharge neither any orders have been passed by the respondents for withholding of dues of the petitioner. In view of this there does not appear to be any impediment in release of the said retiral dues.
Considering the aforesaid, a writ of mandamus is issued directing the respondents to release the post retiral dues of the petitioner like leave encashment and gratuity within a period of three months from date of receipt of certified copy of this order provided there is no other legal impediment.
Accordingly, the writ petition is disposed of.
Order Date :- 19.8.2021 J.K. Dinkar