- (1.) THE petitioner has invoked the writ jurisdiction of this Court for the issuance of a writ of mandamus so as to direct the respondents to award full amount towards death-cum-Retirement Gratuity; the cash equivalent to earned leave and refund of the amount deducted from the salary of the petitioner.
(2.) THE petitioner retired on July 31, 2006 (sic) as Assistant General Manager (General)from the office of FCI, Regional Office, Punjab, chandigarh. It is pointed out that a sum of Rs. 3,50,000/- was payable to the petitioner as gratuity in addition to the cash equivalent to unutilised earned leave and 1/3rd salary from the pay of July, 2006. In reply to the legal notice served, the petitioner was informed that a sum of Rs. 7. 5 lacs was due against the petitioner on account of different penalties and the entire amount of earned leave of 157 days' rounded to rs. 97,000/-; Rs. 5000/- for salary has been adjusted against the alleged recovery and the amount of Rs. 6. 48 lacs is yet recoverable from the petitioner.
(3.) LEARNED counsel for the petitioner has relied upon Section 4 (6) (a) of the Payment of the Gratuity Act, 1972 (for short 'the Act') and the Circular issued by the FCI, Headquarters on june 3/7, 2006, to contend that the gratuity of an employee whose services have been terminated can be forfeited to the extent of damage or loss so caused but it is necessary to make a specific mention of the same in the penalty order of dismissal or removal or compulsory retirement. Therefore, it is argued that since in the order of penalty, there is no specific order of forfeiture of the gratuity amount to the extent of loss suffered therefore, withholding the amount of gratuity is not justified.;