Madan Mohan Joshi Vs State of Haryana etc.

The petitioner had approached this Court for seeking quashing of impugned show cause notice (Annexure P-8) with a further prayer for directing the respondents to release full pension as well as gratuity to the petitioner along with interest @ 12% on the delayed payment. A prayer was also made for refixing the pay of the petitioner under the revised scale w.e.f. 01.01.1996.

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2 Even though, at the time when the present petition had been filed, the claim raised was to the effect that 03 months’ salary in lieu of the

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RAJ KUMAR ARORA 2025.03.06 09:44 I attest to the accuracy and integrity of this document

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CWP-2418-2000 (O&M).

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notice period was not calculated as per the applicable scale of salary and was rather calculated on the basis of salary payable to the petitioner in the year 1994 and also impugning the penalty of recovery of Rs.13,757.75/-, however, learned counsel for the petitioner fairly submits that given the time period elapsed, he would not press the said part of the claim originally lodged as the amount is petty. He contends that the respondents have not released the gratuity of the petitioner and have also not carried revision in the payable pension.

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3 In the reply filed, it is specifically stated that the same shall be released in a time bound manner.

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4 Learned counsel for the petitioner contends that he would be satisfied at this juncture in case the respondents are directed to release the pending financial benefits of the petitioner if not already paid along with the revision thereof in a time bound manner.

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5 I find that the aforesaid prayer is fair and valid. Hence, so far as the claim to the non-payment of the applicable salary is concerned for the year 1997 or imposing recovery of Rs.13,757.75/- is concerned, the present petition is dismissed as not pressed. However, the respondent State is directed to release the pending retiral benefits of the petitioner within a period of 02 months of the receipt of a certified copy of this order along with interest @ 6% per annum from the date it fell due.

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6 Let the said benefit along with revision in the pension/family pension be cleared by the respondents expeditiously.

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RAJ KUMAR ARORA 2025.03.06 09:44 I attest to the accuracy and integrity of this document

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CWP-2418-2000 (O&M).

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