- (1.) Present petition has been preferred mainly for the reason that the petitioner has not been getting the regular pension, gratuity and show-cause notice (letter dated 23rd March. 2011 at Annexure 5 to the memo of the petition) has been given by the respondents for deduction of Rs. 1.44,440/- from the retirement benefits of the petitioner. The petitioner retired on 1st July. 2009.
(2.) It is submitted by counsel for the petitioner that the show-cause notice (at Annexure 5 to the memo of the petition) has been given much later after the retirement of the petitioner. The amount was never paid to the petitioner because of misrepresentation of the petitioner and there is no allegation upon the petitioner that the amount was paid to the petitioner because of the fraud played by the petitioner. As there are no such allegations and therefore, this amount cannot be deducted from the retirement benefit of the present petitioner. It is also submitted by the counsel for the petitioner that looking to the counter affidavit filed by the respondents, they have already deducted an amount of Rs. 1,44,000/- without any final order being passed on the show-cause notice, which is Annexure 5 to the memo of the petition and therefore also, this amount could not have been deducted from the retirement benefits of the present petitioner.
(3.) Counsel appearing for the respondents submitted that they have filed a detailed counter-affidavit and as per paragraph 24 of the counter-affidavit, the respondents are paying within one week the balance amount of pension and balance of the gratuity as claimed by the petitioner in the writ petitioner, if not already paid.;