Writ petition filed by a former clerk claiming unpaid pension and gratuity. Respondent stated petitioner was terminated unchallenged. Court dismissed the petition, noting entitlement depends on service status.
Petitioner to challenge the order of dismissal if so advised.
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Court No. - 16
Case :- WRIT - A No. - 18785 of 2018 Petitioner :- Natthi Lal Respondent :- Union Of India Through Its Principal Secretary, Finance, New Delhi And 2 Others Counsel for Petitioner :- Kuldeep Singh Chahar Counsel for Respondent :- A.S.G.I.,Abhishek Mishra
Hon'ble Ajay Bhanot,J.
Matter has been taken up in the revised call. None appears on behalf of the petitioner. Sri Abhishek Mishra, learned counsel for the respondents is present.
The petitioner claims that he was working as Clerk in the Syndicate Bank, Barauli, District Agra. He claims that he superannuated from service on 31.03.2018. The petitioner has asserted that his retiral dues have not been paid and he has sought following relief in the writ petition:-
(i) issue a writ, order or direction, in the nature of mandamus commanding and directing to the respondents to release all the post retiral benefits i.e pension, gratuity, fund etc. of the petitioner within stipulated period as fixed by this Hon'ble court, within stipulated period as fixed by this Hon'ble court.
(ii) issue a writ, order or direction, in the nature of mandamus commanding and directing to the respondents to take the appropriate and effective action on the representation/application of the petitioner dated 26.07.2018 (Annexure No. 2 to this writ petition) within stipulated period as fixed by this Hon'ble court.
Sri Abhishek Mishra, learned counsel for the respondents submits that the petitioner was terminated from service by order dated 20.03.2018. The order has not been challenged in the instant writ petition. A copy of the termination order is kept on record. The petitioner is not entitled to the aforesaid benefits in view of his termination from service.
In view of aforesaid facts the writ petition is dismissed. However, it is open to the petitioner to challenge the order of dismissal, if so advised.
Order Date :- 23.10.2018 Pravin
2 issues framed by the court
Whether a petitioner terminated from service is entitled to pension and gratuity benefits.
Whether a writ petition filed for release of retirement dues without challenging the termination order should be admitted.
Natthi Lal
Union Of India
Ajay Bhanot
As recorded by the court registry
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