- (1.) Petitioner retired from service on 31.5.1988 after having rendered more than 29 years service. As happens in large number of cases, the petitioner was not given post retiral dues (gratuity) and after he had failed to persuade the departmental authorities to hear his grievance, he filed this petition under Article 226 of the Constitution of India and prayed for issue of a writ of mandamus to the respondents to pay him gratuity along with interest at the rate of 24% per annum.
(2.) Petitioner's assertion is that no enquiry was ever initiated against him either during his service or after his retirement and, therefore, there was no legal justification for withholding the amount of gratuity.
(3.) Though reply to the writ petition has been filed, the respondents have not controverted the assertion of the petitioner that no enquiry was ever initiated against him.;