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Judgment
01/ Through the medium of this petition, the petitioner has sought following reliefs :
"The Hon'ble Court may be pleased to direct the respondents to release and disburse the full regular Pension, Commutation of Pension, and full Death-cum-Retirement Gratuity in favour of the applicant w.e.f. 01.05.2020 along with interest at the rate of 6% per annum with further direction to the respondents to forthwith release and disburse the full Leave Encashment / Cash Equivalent of Leave Salary for 300 days of accrued earned leave standing to the applicant's credit at the time of retirement and regularize the suspension period of 76 days (15.02.2020 to 30.04.2020) as period spent on duty for all legal purposes, and release the balance 50% pay and allowances due for the said period. The petitioner has also sought a relief, as an interim measure, that pending final disposal on this petition, the respondents may be directed to regularize the suspension period of 76 days (15.02.2020 to 30.04.2020) as period spent on duty for all legal purposes and release the balance 50% pay and allowances due for the said period. Respondents be also directed to consider the representation dated 16.05.2024 of the applicant in accordance with law and rules governing the field."
02/ What emerges out of the pleadings made in this O.A is that the petitioner, a 66 year old senior citizen, is aggrieved of arbitrary and continuous inaction of the respondents in failing to release his full and legitimate retiral benefits. Learned counsel for the petitioner submitted that the petitioner, who has rendered over 37 years of unblemished service in the respondent department, retired on 30.04.2020. He submits that at the verge of his retirement in 2020, the petitioner was falsely implicated in an FIR and was, subsequently, placed under suspension for a period of 76 days leading up to his superannuation.
03/ Learned counsel submits that despite retirement, no departmental proceedings or charge-sheet were initiated against the petitioner and a judicial challan was filed after ten months of his retirement and the respondents issued an order in an arbitrary manner, sanctioning merely a provisional pension and 50% subsistence allowance for the suspension period and they, unlawfully, withheld his regular pension, commutation of pension, full Death-cum-Retirement Gratuity (DCRG), 300 days of leave encashment, and the balance 50% of his salary for the suspension period. It is submitted that the petitioner secured all necessary No Demand Certificates (NDCs), proving zero financial liability toward the Government.
04/ Learned counsel for the petitioner submitted that the petitioner previously approached the Tribunal in terms of O.A. No. 62/1275/2021, resulting in an order directing the respondents to pass a reasoned order in the matter. However, due to non compliance of the order so passed, the petitioner filed a Contempt Petition (C.P. No. 68/2023) which was disposed of on 26.04.2024, owing to solemn assurances from the respondents that the grievance of the petitioner would be completely redressed. The contempt petition was disposed with further direction giving liberty to the petitioner to agitate his case afresh if the cause of action survived. Learned counsel submitted that the petitioner, in the face of orders from the court, submitted an exhaustive representation on 16.05.2024, but the respondents have continued to stall and delay the release of his earned emoluments on one or the other pretext. As a result, the petitioner is suffering from acute financial hardship and, as such, he seeks immediate release of his withheld benefits and the regularization of his suspension period.
05/ Be that as it may, after arguing the matter for a considerable period of time, learned counsel for the petitioner fairly submitted that the petitioner would be satisfied if the respondents are directed to treat this petition as comprehensive representation on his behalf and decide the same within a stipulated period in accordance with law along with the representation already submitted by him.
06/ Learned counsel, appearing for the respondents submitted that they have no objection if the present O.A is disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.
07/ Heard learned counsel for the parties and perused the material available on record.
08/ Having regard to the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, the present O.A is disposed of with a direction to the respondents to treat this petition together with all documents and annexures appended thereto as well as the representations submitted by the petitioner earlier, as a comprehensive representation and decide the same by passing a reasoned and speaking order in accordance with the applicable statutory provisions, rules and governing legal framework, of course, subject to the petitioner's eligibility and entitlement under law and provided there is no legal impediment in doing so. Needful to be done within a period of six weeks from the date a certified copy of this order and copy of this O.A is served upon the respondents.
09/ In the backdrop of what has been discussed above, this O.A 849/2026 is disposed of along with pending M.As, if any.