- (1.) THE present petition has been preferred mainly for the reasons that though the G.P.F. amount was passed on 31st of July 2005, but, the amount was paid on 13th of July, 2006 and unnecessarily for approximately one year the said amount of Rs. 6,13,874/ - has been retained by the concerned respondents. It has also been stated by the learned counsel appearing on behalf of the petitioner that likewise vide order dated 14th of November, 2005 (Annexure -5 to the memo of the petition) approximately an amount of Rs. 2,00,000/ - is ordered to be deducted from the retirement benefits. This deduction starts from August, 1967 to January, 2004. It is stated by the learned counsel appearing on behalf of the petitioner that no notice and no opportunity of being heard was ever given to the present petitioner otherwise, the petitioner would have pointed out, that amount was never paid wrongly to the present petitioner and, therefore, notice at Annexure -5 deserves to be quashed and set aside.
(2.) 1 have heard learned counsel appearing on behalf of the respondents who has submitted that as stated in the counter affidavit sizeable amount was paid for the retirement benefit by cheque no. 293923 dated 13th of July, 2006 detailed of the payment has been given in paragraph -5 to the counter affidavit so far as the deduction of the amount from the retirement benefit is concerned as stated in Annexure -5 to the memo of the petition. If the amount is paid by mistake it is bound to be returned by the present petitioner and, therefore, Annexure -5 order has been passed by the concerned respondents. Having heard learned counsel for both sides and looking to the facts and circumstances of the case, it appears that: - (i) the present petitioner retired on 31st of July, 2005, but, was not paid retirement benefits including gratuity, G.P.F. leave encashment etc. and, therefore, the present petition was preferred. After preferring the present petition, the amount was offered by the respondents as stated in paragraph -5 to the counter affidavit. (ii) the following amount has been paid by the respondents to the petitioner vide cheque no. 293923 dated 13th of July, 2006. SI. Particulars Amount 1. Gratuity Rs. 3,80,022.00 2. Leave Encashment Rs. 1,18,416.00 3. G.S.S. Rs. 51,258.00
(3.) PENSION Arrear Rs. 72,752.00;