- (1.) This writ petition has been filed by the petitioner seeking a direction in the nature of mandamus to the respondents to make payment of gratuity amount of Rs. 2,60,200/-, said to have been wrongly deducted and the amount of Rs. 10,320.43/, which is stated to have been illegally recovered from the petitioner. The facts of the case, in brief, are that the husband of the petitioner Late Kanti Swaroop Yadav was posted as junior engineer in the U.P. Jal Nigam, Etawah. He died on 8.7.2000 in harness. He is survived by his wife, the petitioner and son Rama Kant Yadav and daughter Km. Sushma Yadav. According to the petitioner no dues certificate was issued by the Chief Engineer on 12.12.2006, which is filed as Annexure-3 to the writ petition, and inspite of same a sum of Rs. 2,60,200 towards gratuity has been illegally deducted.
(2.) I have heard Shri R.P. Tiwari, learned counsel for the petitioner, Shri Ramesh Chandra Gupta, learned for the U.P. Jal Nigam and the standing counsel appearing for the State respondents. The order is being dictated in the open Court.
(3.) A counter-affidavit has been filed by Shri Gupta on behalf of respondent Nos. 2 to 7. In paragraph 4 of the counter-affidavit it has been stated as under: However, it is further submitted that since the deceased was posted different units of C. & D.S. Unit situated at Sitapur, Deoria, Etawah etc. and he died all of sudden. Needless to state here that the Junior Engineer alone is responsible for material lying in the stores. During the departmental audit, it was found that from different units of C & D. S., where he was posted, the material of Rs. 6,41,082.80 Ps. Was outstanding against the deceased but after adjustment of material only Rs. 2,31,175.68 P was found outstanding against the deceased.;