Jagdish Chandra Joshi vs State of Uttaranchal and 3 Others

Hon''ble Rajesh Tandon, J.—Heard Sri P.S. Rawat, Learned Counsel for the Petitioner and Standing Counsel for the Respondents.

By the present writ petition the Petitioner has prayed for a writ of mandamus directing the Respondents to pay the retiral dues and all benefits to the Petitioner.

The counsel for the Petitioner has submitted that the Petitioner has already retired and the retiral benefits and other dues have not been given to the Petitioner, hence the writ petition may be disposed of at the admission stage.

In view of the aforesaid statement made by the Petitioner, the Respondents are directed to release the retiral benefits and all other dues to the Petitioner within a period of six weeks from the filing of the certified copy of the order.

A perusal of the record shows that the Petitioner was charge sheeted of his alleged misconduct for unauthorizedly issuing experience certificates to various persons that they have worked on daily wages basis in the department for a certain period. A departmental inquiry was conducted against the Petitioner in which the Petitioner was found guilty and he was awarded punishment with stoppage of three increments.

Now the Petitioner has further submitted that his two increments be stopped instead of three increments. In view of this statement of the Petitioner the order of punishment is modified to the extent that instead of three increments only two increments will be stopped from the date of the appointment order. However, any amount which the Petitioner has already received shall not be recoverable from the Petitioner from the date 06.07.-2004.

Subject to the aforesaid, the writ petition is disposed of. No order as to costs.