- (1.) Heard learned counsel for the parties.
(2.) The petitioner is aggrieved by the order no. 4120 dated 31st October, 2009, whereby the claim of the petitioner for payment of post retiral dues including 10% pension, have been refused. The petitioner had also moved this Court in W.P. (S) No. 644 of 2009 for a direction upon the respondents to pay him the entire retirement dues such as gratuity, unutilized earned leave, as he had already retired on 31 st May, 2007 and was getting only 90% pension. This Court without getting into the merit of the case directed the respondent no. 3 to treat the writ petition as a representation and to decide the same, in accordance with law, rules, regulations and policies and enforceable Governments orders, applicable to the petitioner, after giving an adequate opportunity of being heard to the petitioner or to his representative within a period of 16 weeks from the date of receipt of a copy of the order, which is also communicated to the office of Accountant General who was directed to take consequential steps for payment of amounts which was found to be legally admissible.
(3.) The impugned order has been passed thereafter whereunder payment of 10% of pension has been withheld awaiting the outcome of the criminal case pending against the petitioner. The entire amount of gratuity has also been withheld relying upon a Circular no. 9114, dated 22nd August, 1974.;