- (1.) The petitioner has filed Civil Writ Petition under Articles 226/227 of the Constitution of India for the issuance of a writ of Mandamus commanding the respondents to release his retiral benefits from the office of respondent No. 2 and for quashing order dated 10.4.2009, Annexure P-9.
(2.) The petitioner was appointed as a Clerk in the office of respondent No. 2. The petitioner was promoted as Mandi Supervisor with effect from 1.3.1975, in the office of respondent No. 2. The petitioner was transferred from Market Committee, Gurdaspur to Market Committee, Kalanaur on the bifurcation of Market Committee, Gurdaspur. Directions have been sought to release retiral benefits to the petitioner.
(3.) The respondents filed written reply wherein it is mentioned that on the bifurcation of the Market Committee, the petitioner was permanently absorbed in Market Committee, Kalanaur. Retiral benefits are to be paid by the Market Committee, Kalanaur. The petitioner filed civil suit challenging absorption in the said Market Committee and his suit was dismissed. The petitioner filed an appeal and that was also dismissed. The petitioner was simply transferred for sometime to respondent No. 2 at his request. The parent department of the petitioner is Market Committee, Kalanaur. Vide Annexure P-9, the petitioner was directed to have his service benefits from Market Committee, Kalanaur. The petitioner is not co-operative.;