- (1.) Heard Sri Shakti Swarup Nigam, learned counsel for petitioner and Sri V.B. Mishra, learned counsel for the respondent, U.P. State Agro Industrial Corporation Limited.
(2.) Petitioner was intially appointed as Assistant Sales Manager, Grade-I in U.P.S.A.I.D.C. on 15.05.2071. Indue course, he was ultimately promoted as Regional Manager, Meerut Region. Petitioner thereafter, retired after attaining age of superannuation on 30.09.2003. However, respondents withheld leave incashment and gratuity of petitioner for almost three years, where for, detailed representations were made to U.P.S.A.I.D.C. but in vain. Thereafter, aggrieved by inaction of respondents, petitioner approached this Court by means of Writ Petition No.41306 of 2006 praying for a writ of mandamus to respondents to pay petitioner's leave incashment and gratuity. Vide order dated 25.08.2008, writ petition was allowed and respondents were directed to pay petitioner's entire amount of leave incashment and gratuity with 9% simple interest per annum from the date of retirement. Even thereafter, payments were not made and petitioner had to file contempt Petition No.584 of 2009 before this Court. It is asserted in the Writ Petition that on 27.04.2009, retiral dues of petitioner were paid through cheque but deducting amount of Rs.75,470/- from gratuity of petitioner. Copy of order dated 13.04.2009, passed by respondent nos. 1 and 2, which is impugned in this writ petition are annexed as Annexures No.2 and 3 to this writ petition.
(3.) The aforesaid orders of recovery were passed on the basis of some audit report.;