- (1.) SUDHIR Agarwal, J. Heard Sri Ram Chandra Srivastava, learned Counsel for the petitioner and Sri R. D. Khare, learned Counsel for the respondents.
(2.) SINCE the counter and rejoinder affidavits have exchanged, as agreed by learned Counsel for the parties the writ petition is being finally decided at the admission stage under the rules of the Court. The petitioner has approached this Court under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to pay pension and gratuity including arrears from the date of superannuation with interest of Rs. 18% within a stipulated time. In brief the facts as stated in the writ petition are that the petitioner is working as Junior Engineer in the erstwhile U. P. State Electricity Board and now U. P. Power Corporation Ltd. After attaining the age of 58 years he retired on 30-11-2002 and provisional gratuity and pension was fixed by the respondents vide order dated 8-10-2002 sanctioning payment of Rs. 74,680 towards 90% amount of gratuity (provisional) and vide order dated 16-12-2002 minimum pension as Rs. 1,275 w. e. f. 1-12-2002. The petitioner made a representation dated 19-12-2003 requesting the Executive Engineer, Electricity Distribution Division, U. P. Power Corporation Ltd. Bijnor to pay his entire final pension and gratuity and also disputed the computation of amount of provisional pension and gratuity. Reminder was also sent by the petitioner on 18-2-2003 whereafter the Executive Engineer passed an order on 3-3-2003 enhancing provisional pension to Rs. 2,000 per month w. e. f. 1-12-2002. Still thereafter neither the pension and gratuity was finalized by the respondents nor the same was paid despite several representations, some of which have been filed as Annexure Nos. 6 and 7 to the writ petition. Since the respondents did not take any action, the petitioner has filed this writ petition.
(3.) AT the time of admission this Court issued an interim mandamus on 2-9-2004 directing the respondents to pay the entire amount of pensions, gratuity and other dues to the petitioner within a period of six weeks or to show cause by filing a counter-affidavit. The respondents have filed a counter-affidavit sworn by Sri Prakash, Executive Engineer, Electricity Distribution Division, U. P. Power Corporation Ltd. Bijnor. He has said that the service of the petitioner is not unblemished inasmuch as he has been penalized on several occasions. It is also said that the pay fixation of the petitioner was finalized by the Executive Engineer, Electricity Urban Distribution Division, Ghaziabad vide order dated 3-11-2003 verifying the last pay drawn by the petitioner as Rs. 8,925/ -. However, his provisional pension was calculated on the basis of the last salary drawn by the petitioner at the time of retirement, i. e. , on 30-11-2002. Further the petitioner had received the Receipts No. 74883 and 74884 for realization of bill of the consumers whereagainst the petitioner actually realized a sum of Rs. 1,49,848/-and misappropriated the same. The remaining receipt book is also lying with the petitioner who has not returned the same despite repeated request on account whereof departmental proceeding has been initiated against him and the same is pending on account whereof his pension could not be finalized. It is further stated that despite several request, the petitioner did not return the said receipts and therefore, the pension cannot be finalized as per the order dated 21-5-2003 issued by the General Manager, U. P. Power Corporation Ltd. , Lucknow, a copy whereof has been filed as Annexure-4 to the writ petition.;