Uma Ram vs State of H.P. and Others

Sanjay Karol, J.—Petitioner has prayed for the following relief:

(i) That a writ in the nature of mandamus may be issued directing the respondents to release the retiral benefits of the petitioner, i.e. GPF, gratuity and leave encashment immediately with interest @ 9% pa from the date when this became due to the petitioner.

Undisputedly, the amount of GPF already stands disbursed to the petitioner. The question which arises for consideration is as to whether other retiral benefits i.e. gratuity and leave encashment, can be withheld on account of mere registration of FIR No. 174 of 2001, registered at Police Station, Solan or not?

Undisputedly, investigation in this FIR is not complete and not brought to its logical end, despite passage of a long period of 14 years. It is a settled proposition of law that non-completion of investigation, within a reasonable time, infringes fundamental right (Article 21) of a person. Be that as it may, the fact of the matter is that respondents cannot withhold these retiral benefits by taking shelter of Rule 69 of the CCS, Pension Rules, which are applicable only in the event of pendency of departmental or judicial proceedings.

In the instant case, the departmental proceedings stand concluded way back in the year 2004 and order (Annexure R-III) to this effect is placed on record. Minor penalty of censure was imposed and petitioner has already deposited the amount, in terms of this order. As on date, no judicial proceedings are pending against the petitioner.

As such, we see no reason as to why prayer made by the petitioner be not allowed. Accordingly, we direct the respondents to release the remaining retiral benefits of the petitioner, as prayed for, positively within a period of four weeks from today. Petitioner shall be entitled to interest on the amount found due and admissible.

With these observations, the writ petition stands disposed of, so also, pending application(s), if any.

Copy dasti.