AZRANATH M. MOMIN Vs. G..H.A.D.C.

JUDGEMENT

(1.) Instant appeal is directed against the order dated 5.6.2017 passed in WP (C) No. 391 of 2016 in terms whereof respondents were directed to release the salary of the petitioner and other service benefits within 10 (ten) months.

(2.) Appellant admittedly was an employee of respondent-GHADC on reaching superannuation retired on 12.11.2014. He was not paid gratuity and leave salary as a result whereof filed writ petition in the year 2016 with a prayer to command the respondents to release retirement benefits i.e. amount of gratuity and leave salary with interest till the actual payment is made.

(3.) The position of the petitioner was not disputed by the respondent-GHADC. In the affidavit-in-opposition they have stated that the orders dated 16.03.2016 and 17.03.2016 pertaining to sanction of gratuity and leave salary is not denied, however, GHADC is clearing the retiral benefits in favour of all retired employees in order of seniority because of financial crisis faced by them. It is further stated that the respondents have never denied responsibility to pay the dues but unfortunately due to paucity of funds immediate payment on retirement could not be made to the petitioner. The Executive Committee has inherited empty coffers and lots of debts in respect of payment of dues/retirement benefits to its retired employees. The respondents are sincerely working out for payment of retiral benefits to all its retired employees without any partiality.