- (1.) The present Writ Petition has been filed by the Petitioner under Article 226 of the Constitution of India making the following prayers: (a) to issue a writ, order or direction in the nature of certiorari to quash the orders passed by Respondent No. 3 dated 3.7.2003 and 2.12.2003 (Annexure Nos. 4 and 10) respectively to this writ petition. (b) to issue a writ, order or direction in the nature of mandamus commanding the Respondents to pay the withheld amount of gratuity of Rs. 30,000/- alongwith interest at the rate of 18% per annum with effect from 1.7.2000 till the date the said amount is actually paid to the Petitioner and also further be pleased to direct the Respondents to fix the pension of the Petitioner taking the last basic pay drawn at Rs. 13,250/- based upon the acceptance and approval upon the Petitioner as order by Respondent No. 2 dated 13.3.1996. (c) to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (d) to award the cost of this petition in favour of the Petitioner.
(2.) It appears that the Petitioner was appointed in the Institution, namely, I.E.R.T. Allahabad, as Lecturer with effect from 10th June, 1966. The Petitioner retired from his service on 30th June, 2000. After his retirement, the pension of the Petitioner was fixed on the basis of Rs. 12,925/- as his salary. Further, the Petitioner was paid the amount of gratuity but an amount of Rs. 30,000/- was withheld from the amount of gratuity payable to the Petitioner. The Petitioner made representation raising his grievance regarding withholding of Rs. 30,000/- from the amount of gratuity payable to him.
(3.) The Respondent No. 3 sent a Communication dated 3rd July, 2003 (Annexure 4 to the Writ Petition) to the Respondent No. 4, inter alia, intimating that the excess payment of salary had been made to the Petitioner on account of wrong fixation of increment in respect of the Petitioner, and therefore, the amount which would be recoverable from the Petitioner in regard to excess payment of salary, be computed so that the withheld gratuity of the Petitioner could be released.;