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2001 DIGILAW 359 (HP)

RAM LAL v. CHAIRMAN B. B. M. B. CHANDIGARH

2001-11-29

C.K.THAKKER, M.R.VERMA

body2001
JUDGMENT C.K. Thakker, C.J. (Oral):- This petition is filed by the petitioner for appropriate writ, direction or order directing the respondents to release Travelling Allowance (TA) of Rs.4.200/- and Death-cum-Retirement Gratuity (DCRG) of Rs. 1.18.685/- with 18% interest per annum with effect from March 31. 2000 till the date of payment. An amount of Rs.50.000/- has also been demanded for "harassment, mental agony and financial losses caused to the petitioner. Cost is so claimed. 2. The case of the petitioner is that even though he retired voluntarily on March 31. 2000. certain does and retrial benefits were not paid to him. It is asserted by the petitioner in the petition that he was entitled to reimbursement of Rs.6.700/- towards medical expenses incurred by him de to the illness of his father. Similarly, he was entitled to Rs.4.200/- towards Traveling Allowance (TA) and Rs.L I8.685/- towards Death-cum- Retirement Gratuity (DCRG). According to the petitioner, so far as Rs.6.700/- towards medical expenses were concerned, they had already been paid to him but the remaining two amounts had not been paid. Though representations were made, there was no reply from the respondents which constrained him to approach this Court by invoking Article 226 -of the Constitution. 3. Notices were issued pursuant to which the respondents appeared and the contesting respondents filed affidavits in reply. 4. We have heard the learned counsel for the parties. 5. The learned counsel for the petitioner submitted that it is settled law that retiral benefits must be extended to the employee immediately and was incumbent upon the respondents to pay those benefits. As that is not done, he is entitled to the amount as also interest and compensation. He. therefore, submitted that appropriate directions may be issued. 6. Looking to the entire record, it is clear that the amount has already been paid to the petitioner. In the affidavit of respondent No.4. it is stated that respondents No. 1. 5 and 4 were not the employer of the petitioner. It is stated by the deponent in the counter that the petitioner was an employee of the State of Haryana. It is because of the agreement and understanding between the State of Haryana and respondents No.1, 3 and 4 that the petitioner was transferred to respondent No.l Bhakhra Bias Management Board (Board1 for short) and was working with those respondents. So far as respondent No. 1. It is because of the agreement and understanding between the State of Haryana and respondents No.1, 3 and 4 that the petitioner was transferred to respondent No.l Bhakhra Bias Management Board (Board1 for short) and was working with those respondents. So far as respondent No. 1. 3 and 4 are concerned, all the steps which were required to be taken at their end. had been taken. What was required to be done by respondent No. 1. 3 and 4. was to send necessary papers to respondent \l No.2 and they were sent by those respondents even prior to the of retirement of the petitioner, i.e. March 20. 2000. though in the affidavit in reply, as stated by the learned counsel for respondent No. 1. 3 and 4. that the date was wrongly mentioned as "20-3-2001". the correct date was March 20. 2000. Thus, even before the retirement of the petitioner, respondent To. 1.3 and 4 took all steps required to be taken by them with regard to DCRG of the petitioner. 7. With regard to TA. she case of respondent No.l. 3 and 4 is that the were liable to pay the said amount. It is. however, their case that an amount of Rs.6.700/- for medical expenses paid to the petitioner, was in excess of the amount to which he was entitled. It was stated that the office of the Accountant General. Punjab objected to certain non-disbursable components. It came to Rs.2855/-. The petitioner, therefore, was asked to repay the said amount failing which it would be deducted from the payment to be made towards TA. Since there was no reply from the petitioner, respondent No. 1. 3 and 4. after deducting the non-disbursable amount of Rs.2855/-. paid the remaining amount to the petitioner. 8. Thus, so far as respondent No. 1.3 and 4 are concerned, it cannot be said that they had committed any illegality for which the petitioner can make complaint. 9. So far as respondent No. 2 is concerned, affidavit in reply is filed wherein averments made and allegations levelled against him by the petitioner in the petition, have been denied. It is stated that steps have been taken by him and the communications were sent to the competent authority. Not only that but even the petitioner was also informed. Two such communications dated July 7. 2000 and July 11. 2001 have already been placed on record. It is stated that steps have been taken by him and the communications were sent to the competent authority. Not only that but even the petitioner was also informed. Two such communications dated July 7. 2000 and July 11. 2001 have already been placed on record. Thus, even respondent No.2. i.e. Superintending Engineer. Project and Design Circle. Irrigation Department. Haryana at Dhillon Cinema. Manimajra. Chandigarh has done what was required to be done by him. 10. The petitioner has neither joined the State of Haryana. who is the parent employer of the petitioner from where the petitioner was transferred as per the agreement and understanding between the State of Haryana and respondent No. 1. 3 and 4. nor the Accountant General of State of Hanyana as party respondents. 11. So far as the respondents in the petition are concerned, looking to the relevant records as also the affidavits in reply, it cannot be said that there is undue and/or deliberate delay on their part in not forwarding the papers or in not paying dues to the petitioner. It is undisputed fact that during the pendency of the petition, the petitioner has received all the amount for which he was otherwise entitled. 12. In the facts and circumstances of the case, in our opinion, there is no substance in the contentions raised on behalf of the learned counsel for the petitioner. The petition deserves to be dismissed and is accordingly dismissed. Notice discharged. No costs. -