- (1.) The petitioner is seeking writ of certiorari directing the respondents to release the payment of leave encashment of 300 days and release all the consequential benefits along with interest.
(2.) The petitioner was working on the post of Junior Engineer in the HSMITC, Sirsa Line, Division No.2, Sirsa. He joined the duty on 3.2.1979 in the respondent-Department. The petitioner served with the department without any break up to 30.6.2002 and thereafter the services of the petitioner was retrenched due to closing of activities of HSMITC after 23 years, 5 months and 23 days of regular service. On an application made under the Payment of Gratuity Act, 1972, (hereinafter referred to as 'the Act') an order dated 19.1.2012 (Annexure P-1) was passed in favour of the petitioner. Vide order dated 19.1.2012, the petitioner was granted relief as under: "The applicant has rendered 23 years of service and his last drawn salary comes to Rs. 10,108/- gratuity comes to the tune of Rs.10,108 x 15/26x23 = 1,34,125/- (Rupees one lac thirty four thousand one hundred twenty five only). So, the applicant is entitled to the amount of Gratuity worth Rs.1,34,125/- along with interest @ 10% per annum w.e.f 01.08.2002 till the payment is made. Therefore, the respondent is directed to deposit the awarded amount within 30 days failing which they are further liable to pay simple interest @ 10% p.a from the next day of date of this order till its realisation."
(3.) The petitioner filed a legal notice to the respondent for releasing the leave encashment on 29.10.2011 (Annexure P-2) with the prayer that the due payment of leave encashment along with interest @ 18% per annum should be released within a period of 2 months. As per Punjab Civil Service Rules, Vol-II, Rules 2.2 (I) and 2.2 (c), leave encashment is payable to the retiring employee notwithstanding the pendency of the departmental enquiry or criminal proceedings. Only gratuity or death-cum-retirement gratuity can be withheld and not other retiral benefit.;