Shree Chandrashekhar, J. - (1.) The petitioner came to this Court when a part of gratuity payable to him was withheld/adjusted on the ground of excess payment to him.
(2.) During the pendency of the writ petition, two office orders both dated 10.11.2015 were issued, under which excess payment to the petitioner was deducted from gratuity and leave encashment payable to him. By filing I.A. No.3123 of 2016, the petitioner challenged these two orders. Vide order dated 01.09.2017, I.A. No.3123 of 2016 was allowed and consequently, challenge to office orders dated 10.11.2015 has been incorporated in the prayer clause of the writ petition.
(3.) Briefly stated, the petitioner was appointed as Sweeper under Drinking Water and Sanitation Department. It is not in dispute that the petitioner would have attained the age of superannuation on 31.01.2013, however, he continued in service till February, 2015. When his postretiral benefits were not paid to him, the petitioner approached this Court in W.P.(S) No.4988 of 2015 which stood disposed of on 03.11.2015 directing the Superintending Engineer, Drinking Water and Sanitation Division respondent no.3 to consider the claim of the petitioner and pass an order within 12 weeks. This order has not been complied by the respondent no.3. When the gratuity payment order dated 23.12.2015 for payment of Rs.34,660/- was issued, though provisional gratuity payable to the petitioner was calculated Rs.3,11,939/-, the petitioner came to this Court again.;