Vikram Singh Malik v. State Of Haryana And Another



   




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  1 1 1   Mr. R.K. Malik, Senior Advocate, assisted by Mr. Sachmeet Singh Randhawa, Advocate, for the petitioner.

Ms. Safia Gupta, AAG, Haryana.

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2 CM-16545-CWP-2021:

For the reasons mentioned in the application, the same is allowed and the short replication filed by the applicant/petitioner to the written statement filed by the respondents is taken on record, subject to all just exceptions.

CWP-3787-2021:

In the present petition, grievance of the petitioner is that he retired on 31.12.2016, upon attaining the age of superannuation, whereas

the death-cum-retirement gratuity benefits were paid to him by the respondents on 06.10.2021, i.e. during pendency of the present petition, despite the fact that there were no proceedings pending against him, which would have given jurisdiction to the respondents to withhold his pensionary benefits. Hence, the delay in releasing the said benefits to him is attributable to the respondents only and the petitioner is entitled for the grant of interest on the said delayed release of death-cum-retirement gratuity benefits keeping in view          

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Learned State counsel submits that the respondent-Department was earlier contemplating to issue a charge-sheet to the petitioner, but ultimately no such charge-sheet was issued to him, and therefore, the gratuity amounting to Rs.13,51,806/- was released to the petitioner on 06.10.2021. Learned State counsel further submits that the said delay can be termed as 'procedural one', and therefore, the petitioner cannot claim interest on the said delayed release of the death-cum-retirement gratuity benefits to him.

I have heard learned counsel for the parties and have gone through the record with their able assistance. As per the judgment passed in A.S. Randhawa's case$%&   

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       ) In the present case, no impediment has been brought to the notice of this Court, which would have given jurisdiction to the respondents to withhold the death-cum-retirement gratuity benefits of the petitioner, starting from 01.01.2017 till 06.10.2021, by the respondents, therefore, the delay in releasing the said benefits to the petitioner is attributable to the respondents only, and that too without any valid justification.  & ) !

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                23         the said benefits became due till the date, when the said benefits were actually released to him.

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