Kashmir Singh vs The F.C.I. and Others

Ranjit Singh, J.—The Petitioner has retired from Food Corporation of India where he had joined the service on 07.04.1972. In the year 2004, the Petitioner prayed for grant of retirement under Voluntary Retirement Scheme. He was relieved from duty on 24.12.2004. On retirement, the Petitioner was entitled to all the retiral benefits including CPF, Gratuity, leave encashment, pension etc. CPF amount was paid and sum of Rs. 1 lakh as part payment of gratuity was also paid in January, 2005. The balance amount of gratuity amounting to Rs. 2,30, 000/- was not paid. Even monthly pension had not been paid.

In January, 2006, the Petitioner suffered heart attack and had undergone bye pass surgery at Fortis Hospital, Mohali. The Petitioner had spent sum of Rs. 1,60,000/-, which he claimed as medical reimbursement payable to him under the rules. Initially, the Respondents paid only sum of Rs. 45,000/- and did not pay the balance amount out of medical reimbursement claimed by the Petitioner. The Petitioner has, accordingly, filed this writ petition to pray for direction for releasing the remaining amount of medical reimbursement and also the gratuity which have been withheld.

In the reply, the Respondents have taken a stand that the Petitioner is entitled to sum of Rs. 75,000/- out of which Rs. 45,000/- on account of medical reimbursement has already been paid to him. During the pendency of the writ petition, Respondents have released another sum of Rs. 30,000/-. The counsel for the Petitioner would refer to the reply to show that death-cum-retirement gratuity amounting to Rs. 89,555/- has been withheld on account of notional pay fixation.

I find that there is no justification on the part of the Respondents to withhold the gratuity on the ground that some notional pay fixation is to take place. The Respondents, therefore, are directed to release the gratuity, if withheld, within a period of one month from the date of receipt of copy of this order. The Petitioner may make a representation on the ground, if any, available to him asking for remaining part of the medical reimbursement if he is otherwise entitled to the same accordingly to the rules. The prayer shall be considered and decided in accordance with law within a period already specified.