RAMESH CHANDER GUPTA Vs. STATE
LAWS(J&K)-2020-2-74
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 24,2020

RAMESH CHANDER GUPTA Appellant
VERSUS
STATE Respondents

JUDGEMENT

Sanjeev Kumar,J. - (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 Hon'ble 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.
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