- (1.) Petitioner retired as District Manager Markfed on 31.05.2004. Vide order dated 31.5.2004 (Annexure-P-2), while retiring him from service, it was ordered that the retiral dues will be released after finalisation of surcharge case, special audit reports, explanation pending against him and on receipt of clear cut 'No Dues Certificate' from the concerned quarter. The order of retirement is reproduced below:- "On attaining the age of superannuation of 58 years, Shri D.K. Sahi (Code No. 557), presently working as Manager (Procurement) at H.O. Chandigarh shall retire from the service of The Punjab State Cooperative Supply and Marketing Federation Limited, Chandigarh w.e.f. 31.5.2004 (afternoon) under Rule 2.21 (i) of Markfed be released after finalisation of surcharge case, special audit reports, explanation pending against him and on receipt of clear cut No Dues Certificate from the concerned quarter."
(2.) Consequently, the retrial benefits were not released. It comes out that some arbitration cases were pending, which were decided vide awards (Annexure R-14 to 18) in the year 2013, in which the petitioner was not found liable to pay anything. The affidavit of Senior Manager of the Markfed also shows that some Audit queries were also pending and that no action was taken on the same and the same were either dropped or filed.
(3.) I have heard learned counsel for the parties and have also carefully gone through the file.;