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2020 DIGILAW 105 (JK)

Ramesh Chander Gupta v. State

2020-02-24

SANJEEV KUMAR

body2020
JUDGMENT 1. Through the medium of this writ petition, the petitioner, inter alia, prays for the following reliefs: i. Certiorari for quashing the GPO No.121874157 dated 14.12.2018 issued by respondent No.5 to the extent of recovery of an amount of Rs.1,88,813/- wrongly, illegally and arbitrarily, out of the total gratuity payable and resultantly diminished gratuity came to be paid to the petitoner in violation of the judgment rendered by the Honble Supreme Court of India in State of Punjab vs. Rafiq Masih and others. ii. Mandamus commanding the respondents to release all the retiral benefits including the amount of Rs.1,88,813/- illegally recovered from the petitioner and fix and pay the pension in favour of the petitioner on the basis of last pay drawn by him at the time of his superannuation and to pay the arrears of the pension. 2. Learned counsel for the petitioner submits that during the pendency of this writ petition, the matter has been considered by the office of Accountant General of its own and vide its communication No. PNRJ- 2/C-4/2019-20/2142-43 dated 22.01.2020 addressed to the Superintending Engineer, PHE Mech. Rural Circle, Jammu, it has been intimated that the pay of the petitioner has been settled in terms of revised PPO/GPO issued to the petitioner on the recommendation/responsibility of Superintending Engineer Mech. Rural Circle, Jammu. The Superintending Engineer concerned has also been requested to prepare a refund bill for Rs.188813/- payable at Additional Treasury New Plot Jammu by debit the same to M.H. 2215 PHE. 3. The Superintending Engineer PHE Mech. Rural Circle Jammu in response to the aforesaid communication has intimated that gratuity amounting to Rs.1520096.00 was sanctioned with the direction to Treasury Officer Additional Treasury New Plot Jammu to recover an amount of Rs.188813.00 under M.H.2215 PHE. This has been done by the Superintending Engineer vide its communication dated 31.01.2020. 4. Learned counsel for the petitioner submits that in view of the aforesaid two communications, the issue with regard to the revision of pension of the petitioner has been settled and the respondents have also agreed to release a sum of Rs.1,88,813.00 in favour of the petitioner, but due to some technical hitch, the same has not been released so far. 5. Learned counsel for the petitioner submits that the petitioner would feel satisfied if this petiton is disposed of with a direction to the Superintending Engineer PHE Mech. 5. Learned counsel for the petitioner submits that the petitioner would feel satisfied if this petiton is disposed of with a direction to the Superintending Engineer PHE Mech. Rural Circle Jammu and the office of Accountant General to sort out the matter and issue an appropriate direction to the Treasury Officer Additional Treasury New Plot Jammu for disbursement of an amount of Rs.1,88,813/- in favour of the petitioner. 6 Keeping in view the submissions made by learned counsel for the petitioner and the nature of relief prayed for, this writ petition is disposed of with a direction to the Accountant General and Superintending Engineer PHE Mech. Rural Circle Jammu to sort out the matter and, accordingly, issue an appropriate direction to the Treasury Officer, Additional Treasury, New Plot Jammu for disbursement of an amount of Rs.1,88,813.00 in favour of the petitioner. Let needful be done within a period of four weeks from the date, a certified copy of this order is made available to them.