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Judgment
Ajay Mohan Goel, J
By way of the present writ petition, which was initially filed as an original application before the erstwhile learned Himachal Pradesh Administrative Tribunal, the petitioner has prayed for the following substantive relief:-
“(a) That the Annexure A/4 may kindly be set aside and quashed and further the Respondent may be directed to release the retiral benefits of the applicant after deducting Rs. 6,44,270/-without recovery of interest.”
When this matter was heard on 01.05.2023, this Court had passed the following order:-
“Having heard learned Counsel for the parties, this Court is of the considered view that interest of justice would be served, in case, out of the total emoluments which were payable to the petitioner, an amount of Rs. 5,85,376/- is deducted by the Corporation and remaining is released in favour of the petitioner.
To enable learned Counsel for the respondents to have instructions in this regard, list on 18.05.2023.”
It is not in dispute that the petitioner owes an amount of Rs.5,85,376/- to the Corporation and the amount which has been withheld by the Corporation is more than the said amount because interest has also been claimed by the Corporation on the said amount.
In terms of the directions passed by this Court on 18. 05.2023, Mr. Pavnesh Sharma, Managing Director of the respondent-Corporation, is present in person in the Court. He has submitted that in order to put an end to the litigation, as a special case, the respondent-Corporation will pay to the petitioner the emoluments as presently stand withheld by the Corporation after deducting an amount of Rs. 5,85,376/-therefrom.
Learned Counsel for the petitioner, under instructions, submits that this proposal is agreeable to the petitioner.
In view of what has been discussed hereinabove, this petition is disposed of with the direction that out of the amount, which has been withheld by the respondent-Corporation, let an amount of Rs. 5,85,376/- be deducted and balance be paid to the petitioner. Let needful be done within a period of four weeks.
The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.