Mahesh Grover, J. - (1.) C .M. No. 17016 of 2011 is allowed and the main writ petition is taken on board. The petitioner prays for release of pension which has been withheld on what is termed by the respondents as peculiar reasons. But unfortunately according to the Court the reasons offered by the respondents in doing so can be termed to be totally absurd.
(2.) THE petitioner joined the service of the respondents on 6.8.1974 and continued as such till 27.9.1995 when she submitted a request for premature retirement which was accepted on 1.12.1995. Before her request could be entertained she proceeded abroad on 6.11.1995 to return in December 1995. The respondents attributed this to be absence without leave and have also taken up a plea that the petitioner is not entitled to pension as she has not completed the mandatory 20 years of service and besides after submitting a request for premature retirement she did not serve the mandatory three months notice. On due consideration of the matter, I am of the view that the respondents have been totally unjust in declining the prayer of the petitioner. Concededly, the petitioner has put in more than 20 years of service and has substantial number of earned leave and medical leave as well. This, however, would be immaterial considering the clear period of 20 years which she served so as to entitle her to pension in accordance with law. The three months notice and period of one month absence do not in any way infringe upon the substantive right of the petitioner to get pension. If the petitioner had not served a notice then at best the respondents could withhold the pay of this period but under no circumstances could they deprive the petitioner of the pension once the mandatory period of 20 years was completed by her. Finding no sustainable reasons in the stand of the respondents I am of the view that the present petition deserves to be allowed. Ordered accordingly. As a consequence thereof the respondents are directed to release the pension and retiral dues of the petitioner positively within a period of two months from the date of receipt of a certified copy of this order. The petitioner would also be entitled to interest @ 7 per cent per annum from the date when the amount became due to her till the date of its realisation. Needless to say, the respondents would be entitled to any adjustments regarding the notice period etc.;