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Judgment
Deepak Gupta, J.—The Petitioner, by means of this petition, has prayed for grant of the following relief:
(a): A writ of mandamus may kindly be issued directing the Respondent-Corporation to immediately release the retiral dues as payable to the Petitioner on his retirement on 31.5.2008 as has been mentioned as per Annexure P-2 along with interest @ 12% p.a. The Respondent-Corporation be also directed to pay costs for not releasing the benefits to the Petitioner.
The Petitioner who was working as Marketing Officer with Respondent No. 1 Corporation, retired on attaining the age of superannuation on 31.5.2008. More than two years have elapsed but his retiral benefits have not been paid. More surprisingly, the stand of the Respondent-Corporation is that it is in financial difficulties and therefore cannot be paid the retiral benefits- dues of the Petitioner till the Government give it some financial bailout package. The contention raised has to be rejected. It is not for this Court to direct the State to give a financial package to a sick Corporation. However, once an employee has retired he is entitled to his retiral benefits and the employer is bound to pay the same.
It is, therefore, directed that the Respondent-Corporation shall pay the entire retiral dues of the Petitioner along with interest @ 9% p.a. w.e.f. 1st June, 2008 till payment of the amount to the Petitioner on or before 30th April, 2011. In case the amount is not paid by the said date the Petitioner shall be paid interest @ 12% p.a. and the Managing Director of the Respondent Corporation shall also file his personal affidavit as to why the orders of this Court have not been complied with.
The petition is disposed of in the aforesaid terms. No costs.