Daya Chaudhary, J. - (1.) THE present petition has been filed for issuance of a writ in the nature of mandamus directing the respondents to grant pension as well as other retiral benefits to the petitioner.
(2.) BRIEFLY , the facts of the case are that the petitioner was initially appointed as Peon in Municipal Committee, Julana on 5.2.1970 and ultimately retired on 30.6.1998 but inspite of making representations, the retiral benefits have not been released to him. The reason for not releasing the retiral benefits to the petitioner is that he produced a false affidavit showing his wrong date of birth and accordingly on the basis of complaint made against him, an FIR No. 130 dated 30.7.1999 under Sections 406, 409, 420, 467, 468 and 471 of IPC was registered against him, in which, ultimately he was acquitted of the charges by the trial Court vide its judgment dated 2.5.2008. Learned counsel for the petitioner contends that after retirement of the petitioner on 30.6.1998, the respondent -Committee asked the petitioner to furnish an affidavit to the effect whether he was withdrawing Army pension or not. In response to that, the petitioner submitted an affidavit dated 22.7.1998, wherein, it was clearly mentioned that he was not withdrawing the Army pension. Learned counsel further submits that during the pendency of pension case of the petitioner, the then Secretary, Municipal Committee, Julana got registered an FIR against him, in which, he was acquitted of the charges by the trial Court but inspite of that he has not been granted any benefit. Learned counsel also contends that the petitioner was having more than ten years of service at the time of retirement and was entitled for all retiral benefits including leave encashment, pension and gratuity etc. Many representations were made to the respondent -Committee but neither any action has been taken thereupon nor any benefit has been granted to the petitioner. Learned counsel has also relied upon the judgment of Hon'ble the Apex Court in State of Bihar and others Vs. Pandey Jagdishwar Prasad : 2009(2) SCT 161, in support of his contentions.
(3.) WRITTEN statement on behalf of respondent No. 2 has been filed and the same is on record.;