Daya Chaudhary, J. - (1.) The prayer in the present petition is for issuance of a writ in the nature of mandamus directing the respondents to release the with-held amount of Rs. 3,89,386/- of retiral benefits along with interest @ 18% per annum from the date of his retirement on account of shortage of Oil and missing parts of transformers.
(2.) Learned counsel for the petitioner submits that no notice or opportunity was given to the petitioner with regard to the shortage and even no departmental inquiry was conducted against him. Learned counsel further submits that the petitioner has served a legal notice upon the respondents on 01.07.2016 but no action has been taken thereupon so far. He further submits that all retiral benefits, except some of the amount, have been with-held by the respondents without any reason. Learned counsel also submits that the petitioner would be satisfied, in case, the directions are issued to respondent No.4 to consider the legal notice dated 01.07.2016 (Annexure P-3) and take necessary action thereupon in accordance with law.
(3.) In view of the submissions made by learned counsel for the petitioner, the present petition is disposed of with a direction to respondent No.4 to consider the legal notice dated 01.07.2016 (Annexure P-3) in view of judgments passed in CWP No.1318 of 2009 titled as Ram Phal v. Uttar Haryana Bijli Vitran Nigam Limited and others, decided on 08.01.2010 (Annexure P-4) and CWP No.12036 of 2008 titled as Suraj Mal v. Uttar Haryana Bijli Vitran Nigam Limited and others, decided on 11.09.2008 (Annexure P-5). The necessary exercise be done within a period of two months from the date of receipt of certified copy of this order.;