1. This petition has been filed seeking a relief in the form of issuing directions to the respondents to make payment of the amount of Leave Encashment, Gratuity, General Provident Fund, Arrears of 5th Pay Commission and to pay regular Pension to the petitioner.
2. The facts in brief are that the petitioner was appointed as a Clerk in the respondent-Municipality on 21.04.1969 and his services were regularized on the said Post vide order dated 16.02.1970. The petitioner was promoted to the higher posts from time to time and lastly, was promoted to the post of Chief Officer on 28.10.1991.
3. It appears from the record that in the year 1996 the respondent- Municipality had given appointment to 139 persons on different posts without prior permission of the State Government and without following due process of law. Despite holding the post of Chief Officer, the petitioner remained a silent spectator to the above irregularities being committed by the respondent-Municipality on account of which the respondent-Municipality suffered severe financial loss.
4. Show-cause Notice dated 06.03.1997 was issued to the petitioner to which he gave his reply. Being dissatisfied with the reply, the competent authority ordered to initiate departmental inquiry against the petitioner. However, to avoid the inquiry proceedings and consequential penal action, if any, the petitioner submitted voluntary resignation by letter dated 17.03.1998. However, vide order dated 27.09.1998, the District Collector quashed the Resolution passed by the respondent-Municipality deciding to release the retiral benefits to the petitioner. The petitioner had made application to the concerned authorities requesting to release the retiral benefits and had also sent several reminders. Being aggrieved by the same, the present petition has been preferred.
5. Heard learned counsel for the respective parties. It appears from the record that while the petitioner was discharging his duties as the Chief Officer of the respondent-Municipality, 139 persons were appointed on different posts in the Municipality, without seeking prior permission of the State Government and without following due process of law. The petitioner was hand-in-glove with the concerned authorities of the respondent-Municipality during the recruitment process. When the illegality came to the notice of the competent authority, it was decided to hold departmental inquiry against the petitioner. However, to escape from the inquiry proceedings, the petitioner submitted voluntary resignation vide his letter dated 17.03.1998. Since the petitioner had resigned from service, he is not entitled for all the benefits, which, he would have otherwise received on retirement on attaining the age of superannuation or by opting for the Voluntary Retirement Scheme. In the present case, the petitioner had tendered resignation when he was ordered to face departmental inquiry for alleged serious misconduct. Considering the facts and circumstances of the case, the petitioner is not entitled for all the benefits, which he has claimed.
6. It has been stated at the bar by learned counsel for the petitioner that the petitioner has received all his retirement dues excluding the amount of Interest on Gratuity. In my opinion, in the present proceedings, the petitioner is not entitled to get Interest which he is claiming. The petitioner has already received all his legal dues. He cannot be granted Interest in the present proceedings. Hence, the petition is disposed of. Rule is made absolute to the above extent with no order as to costs.
[K. S. JHAVERI, J.] Pravin/*