A.S.Tripathi - (1.) THIS writ petition was taken up for final disposal at the admission stage under the Rules of Court by agreement of parties' learned counsel.
(2.) THE petitioner by means of this writ petition prayed for issue of a writ of mandamus directing the respondents for payment of pension, gratuity, general provident fund and other dues to the petitioner in persuance of the payment order issued by the Accountant General, U. P.-II, Allahabad. The petitioner was serving as Range Officer, Shivpuri Range under Tehri Forest Division, Tehri Garhwal. He retired on 31-3-1986 after attaining the age of superannuation. The conduct of the petitioner has been good during the entire service. After the retirement of the petitioner all formalities of pension etc. were completed by the Divisional Forest Officer, Tehri Forest Division and the same was sent to Accountant General, U. P. Allahabad for payment vide letter no. 1533/28-133 dated 25-9-1986, Annexure no. 1 to the writ petition. It is alleged that no-dues certificate was also forwarded by the Divisional Forest Officer to the A.G.U.P. as mentioned at serial no. 12 of the covering letter referred above. After examining the matter the A.G.U.P. issued payment order on 23-1-1987, Annexure no. 2 to the writ petition. The petitioner's pension was calculated and sanctioned at Rs. 753/- per month plus allowances and an amount of Rs. 25080/- was sanctioned as gratuity. It is alleged that Treasury Officer, Dehradun refused to make payment of the pension and gratuity to the petitioner without assigning any reason. Later on it was disclosed to the petitioner that the Divisional Forest Officer, Pilibhit, had withheld the payment of the said amount on the pretext that some dues were recoverable from the petitioner. The petitioner represented vide application, Annexure no. 3 to the writ petition, to the Divisional Forest Officer for release of his pension and gratuity etc. but the same was not considered, A representation was made to the Accountant General, U. P. and again letter dated 13-6-88, Annexure no. 4 to the writ petition, was issued directing the Treasury Officer, Dehradun to make the payment. Inspire of the said direction the payment has not been released to the petitioner. Thereafter the petitioner made various representations to the authorities concerned but they were not considered.
(3.) ON another representation the Addl. Chief Conservator, Garhwal Region, U. P. directed by his letter dated 17-9-1988, Annexure no. 10 to the writ petition for payment of the pension, gratuity etc. to the petitioner. But inspite of the same the Divisional Forest Officer, Tehri Garhwal did not make any arrangement with the treasury at Dehradun for payment of the dues. When all other remedies were exhausted this petition was filed.;