Surinder Kumar Sharma v. Punjab Agricultural University And ANR.




   


  

 !"#$%&#'()($*+

,

,

 





        

 
 + - ., /
/  .



 
  ! "  





! "    




! "   ##### / . 0 , 1!2 $  % !   is praying for issuance of a writ in the nature of mandamus directing the respondents to release the retiral dues to the petitioner. 2.

The brief facts of the case are that the petitioner was appointed as a Steno-typist in the respondent-University vide appointment letter dated 11.05.1976 (Annexure P-1). The petitioner was sent on deputation to the Punjab Technical University and while working on deputation, a criminal case was filed against him. As a consequence thereof, the petitioner was placed under suspension vide order dated 25.07.2001 (Annexure P-2). The petitioner was further repatriated to the respondent-University on 28.04.2002. In the criminal proceedings, the petitioner was convicted for committing an offence under Section 7 and 13(2) of the Prevention of Corruption Act, 1988 vide judgment dated 25.02.2005 passed by the competent Court. -1-

Aggrieved against the abovesaid judgment dated 25.02.2005, the petitioner preferred an appeal before this Court and the sentence imposed upon the petitioner was suspended vide order dated 10.03.2005 (Annexure P-3). In pursuance of the abovesaid order dated 10.03.2005 (Annexure P-3), the petitioner was reinstated in service by the respondent-University vide order dated 21.12.2005 (Annexure P-4) and joined the duty on 26.12.2005 (Annexure P-5). The petitioner retired from the services of the respondent-University on attaining the age of superannuation on 30.04.2012 (Annexure P-6). However, after the retirement of the petitioner, his retiral benefits were not released. As such, the petitioner filed a representation dated 21.09.2015 (Annexure P-7) for release of the retiral benefits. Aggrieved against the inaction of the respondent-University in not releasing the retiral benefits of the petitioner, the petitioner has filed the present writ petition.

3.

Learned counsel appearing on behalf of the respondents submits that the criminal appeal which was pending before this Court was ultimately decided on 24.11.2022 and all the retiral benefits have already been released to the petitioner in the year 2023. He submits that the gratuity was released on 05.07.2023; payment of leave encashment was released on 03.07.2023 and all the arrears of pension were released on 04.07.2024.

4.

Faced with the above situation, learned counsel for the petitioner submits that the present writ petition may be disposed of with -2-

liberty to the petitioner to file a representation, if any retiral benefit is still due.

5.

$%"   % 

  

"  !     "%

  "   !"  "           $   !          "     

! 



   & !  %  %!%   "'(  "

  " "       6.

Pending application(s), if any, shall also stand(s) disposed of.

,

,

/ . 


 )    *+ 

, - )     

, - -3-