- (1.) Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari for quashing the letter dated 31.10.2015 (Annexure P-10) and letter dated 28.12.2015 (Annexure P-11), whereby, respondents have demanded interest to the tune of Rs. 82,690/- from the petitioner. It has further been prayed that the respondents be directed to calculate the total Contributory Provident Fund ('CPF' for short) liable to be paid to the petitioner and pay balance amount along with interest at the rate of 18% per annum. The case of the petitioner, in brief, is that he was appointed as Assistant Grade-Hi (D) with Food Corporation of India on 29.07.1976. Petitioner opted for Voluntary Retirement Scheme ('VRS' for short) in the year 2004, but before his request could be accepted, he submitted that he may be permitted to withdraw his request for VRS. However, petitioner was retired on 31.12.2004. Petitioner challenged the said decision of the respondents by way of CWP No. 638 of 2005 and the said writ petition was allowed by this Court vide order dated 16.03.2006 (Annexure P-1). During the pendency of the petition, respondents sent cheque in the sum of Rs. 2,06,959/- as payment towards CPF to the petitioner and the same was duly returned by the petitioner vide letter dated 31.01.2007. Since the petitioner was not reinstated in service, he filed COCP No. 1404 of 2007 in this Court. The said petition was disposed of by this Court vide order dated 15.05.2008 (Annexure P-4). While disposing of the contempt petition, it was observed by this Court as under:-- "Consequently, having regard to the fact that the respondents have substantially complied with the orders passed by this Court and have no intention to willfully or deliberately disobey the same, this contempt petition is disposed of with a clarificatory direction that as soon as the amounts of VRS compensation, i.e., Rs. 4,59,987/- and EL encashment of Rs. 27,795/-, i.e., total Rs. 4,87,782/- is refunded by the petitioner to the Corporation by way of adjustment of the arrears of his pay, the respondents shall start paying full emoluments to the petitioner forthwith."
(2.) Against the order Annexure P-4 passed by this Court, respondents preferred SLP (CC) No. 13907 of 2008 and the same was disposed of vide order dated 09.02.2009 (Annexure P-5). The said order reads as under:-- "It is stated by the learned counsel for the petitioners that since the respondent has been reinstated in service, respondent is liable to refund the amount of leave encashment, gratuity and provident fund which are to be paid on his retirement only. Without expressing any opinion on the merits of the dispute, we are of the opinion that if the above statement of the learned counsel for the petitioners is correct and respondent is not refunding the amount received on account of leave encashment, Gratuity and Provident Fund which he was supposed to receive at the time of his retirement, petitioners can take appropriate steps in appropriate proceedings for recovery of the same. The special leave petition is disposed of accordingly."
(3.) Ultimately, petitioner was reinstated in service on 11.10.2007. Respondents deducted the salary amount to the tune of Rs. 4,02,052/- from the retiral benefits of the petitioner. In March, 2013, petitioner applied for withdrawal of 90% of his CPF. Since the said amount was not paid to the petitioner, he filed CWP No. 24362 of 2013, which was disposed of by this Court vide order dated 08.11.2013 (Annexure P-6). The said order reads as under:-- "The prayer in this writ petition is for a direction to the respondents to permit the petitioner to withdraw a portion of his CPF as has been permitted to other employees. Learned counsel states that on the application (Annexure P- 3) of the petitioner no order has been passed. In my opinion, at this stage it would be appropriate for me to direct respondent No. 2 to consider and decide the application (Annexure P- 3) of the petitioner in accordance with law and, in case he is found entitled to any relief, to grant the same to him within a period of one month from the date of receipt of a certified copy of this order. Ordered accordingly. Petition stands disposed of.";