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Judgment
There is no appearance on behalf of the respondents, nor any prayer for adjournment of the case has been made on behalf of the respondents, when the matter is taken in revised list. However, Sri V. B. Singh, learned counsel for the petitioner is present.
Instant writ petition has been filed by Lt. Col. A. K. Tiwari (Retd.) petitioner herein inter alia, challenging the orders passed by the Secretary and Joint Secretary, Ministry of Welfare, Government of India New Delhi, dated 2021986 and 1231986, filed as Annexure3 and S. A. VI to the writ petition, respectively.
A Division Bench, consisting of Hon''ble B. N. Sapru and Hon''ble S. K. Dhaon, JJ. on 1831986 suspended the operation of both the aforesaid orders and directed the respondents to take work from the petitioner or not to take work from him but to continue to pay to the petitioner his salary as and when the same becomes due.
The aforesaid interim order presumably was granted on the basis of a decision of Hon''ble Supreme Court in the case of West Bengal State Electricity Board v. Desk Bandhu Ghosh, AIR 1985 SC 722, wherein Hon''ble Supreme Court has held as follows :
"It is a naked ''hire and fire'' rule, the time for banishing which altogether from employeremployee relationship is fact approaching. Its only parallel is to be found in the Henry VIII Class so familiar to administrative lawyers.
Thereafter this writ petition appeared before Hon''ble K. C. Agrawal, J. (as His Lordship then was), and after hearing both the sides, the interim order was vacated as the petitioner''s term was expired with effect from 11101986.
This writ petition has now come up for hearing before this Court.
Although, all retiral benefits have been admittedly paid to the petitioner but gratuity, encashment of earn leave, as well as half pay leave as has been disclosed by the respondent: by letter dated 1771987 passed by Company Secretary, Artificial Limbs Manufacturing Corporation of India filed as AnnexureI to the affidavit in expedite application, have not been paid to the petitioner by the respondents, because of pendency of the writ petition before this Court.
Having heard learned counsel for the petitioner and gone through the facts of the case, in our view since the impugned order dated 2821986, which was passed.) by inviting condition (ix) of letter of appointment of giving three months'' notice, without affording any opportunity of hearing to the petitioner, which has been ultra vires, in view of the decision of apex Court in the case of West Bengal State Electricity Board v. Desk Bandhu Ghosh (supra) the petitioner''s gratuity cannot in any event be withheld by the respondent authorities.
Accordingly, we direct the respondents to pay the entire amount, consisting of gratuity encashment of earn leave, half pay leave, as well as encashment of casual leave within a period of two months from the date of production of a certified copy of this order, as has been disclosed by the respondents by letter dated 1771987, filed as AnnexureI to the affidavit in expedite application dated 1421995.
In the result, writ petition succeeds and is allowed. The impugned order dated 2821986 and 1231986 (Annexure3 and S. A. VI) are hereby quashed.
There shall be no order as to costs.