Research › Search › Judgment

J&K High Court · body

2011 DIGILAW 95 (JK)

Mohammad Hussain Pullo v. State of J&K & Ors.

2011-03-09

MUZAFFAR HUSSAIN ATTAR

body2011
1. Heard. 2. Learned counsel for petitioner submitted that respondent No. 4, in view of the issue raised in the petition, is not necessary party at this stage and submitted that he be deleted from the array of respondents. Ordered accordingly. 3. Rule Nisi. Notice to show cause as to why Rule is not made absolute. 4. Mr. Chesti, learned AAG appeared and submitted that he has instructions to accept notice on behalf of respondents. Learned counsel submitted that affidavit already filed by him be treated as reply affidavit. His statement is taken on record. Prayer allowed. With the consent of learned counsel for the parties, this petition is taken up for final disposal. 5. Heard learned counsel for the parties. Considered the matter. Learned counsel for the parties argued in tune with their respective pleadings. Petitioner was holding the post of Senior Salesman in the respondent-department. He retired on superannuation on 31.05.2010. The grievance of the petitioner is that though he has retired on superannuation on 31.05.2010, yet his retiral benefits viz. gratuity, cash in lieu of leave salary and other retiral benefits have not been paid to him. 6. Learned counsel for petitioner submitted that petitioner has grown up daughters of marriageable age and in view of the aliments from which he is suffering, he has been advised to undergo surgery, for this purpose he requires money. Learned counsel for the respondents in his fairness submitted that petitioner is entitled to receive the retiral benefits, but there are other employees who have retired on superannuation before the petitioner and their retiral benefits are also to be paid by the respondents. Respondents, because of financial constraints, are not in a position to pay retiral benefits to the retired employees in one go. Learned counsel submitted that respondents are under obligation to pay the retiral benefits, but in view of the financial constraints of the corporation, it may not be possible for them to liquidate the retiral benefits of all the retired employees in one go or simultaneously. Learned counsel submitted that the Corporation is paying the retiral benefits to the retired employees according to their year of retirement. 7. The employee, who renders service to an Organization and who according to the Rules of Organization is entitled to the post retiral benefits, is entitled to receive the same immediately after he is retired on superannuation. Learned counsel submitted that the Corporation is paying the retiral benefits to the retired employees according to their year of retirement. 7. The employee, who renders service to an Organization and who according to the Rules of Organization is entitled to the post retiral benefits, is entitled to receive the same immediately after he is retired on superannuation. The employer, while granting the post retiral benefits to a retired employee, is not doing any favour to the employee. It is duty of the employer to pay the retiral benefits to its employee within reasonable time. The employee after his retirement is dependent for his survival on the retiral benefits. The denial or even unreasonable delayed payment of retiral benefits may in some circumstances denude an employee of his real existence, which will violate the inherent human right of an individual, which otherwise are also recognized and guaranteed by Article 21 of the Constitution of India. The financial constraints of employer, in all circumstances, cannot become a ground for causing unreasonable delay in payment of retiral benefits. The employer is duty bound to pay retiral benefits to his retired employee within a reasonable time. 8. For the above stated reasons, this petition is disposed of along with all connected CMPs in the following manner: 9. By issuance of Writ of Mandamus, respondents are directed to process the case of the petitioner for payment of retiral benefits to which he is found entitled to in accordance with Rules occupying the field and recommend for its payment to the competent authority within a period of three months from the date copy of this order is served on them.