Item No.9
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.154 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by the order dated
03.02.2021, passed by the learned Single Judge disposing of
W.P.No.2214 of 2021, while referring to the letter dated 19.10.2020
addressed to him, quantifying the amount payable to him by the
respondents No.1 to 3/employer.
2. Learned counsel for the appellant states that the said letter refers to a sum of Rs.5 lakhs, as lump sum amount payable to the appellant for his balance services, which is unacceptable for the reason that the appellant had not sought any employment for his dependent and on attaining superannuation, has claimed his pensionary/terminal benefits including gratuity, CMPF, FBIS etc., as rightfully due to him.
3. Learned Standing Counsel appearing for the respondents No.1 to 3/employer submits, on instructions, that the employer has no objection to paying the pension, gratuity, CMPF, FBIS etc. to the appellant subject to his completing all the requisite formalities in this regard including submitting an NOC from his wife.
4. Learned counsel for the appellant states that the appellant may be permitted to complete all the requisite formalities through his wife W.A.No.154 of 2021 page 1 of 2 or son since he is bedridden and the respondents No.1 to 3/employer be directed to process his case at the earliest.
5. The requisite formalities shall be completed by the appellant and the documents submitted by his wife/son to the respondents No.1 to 3/employer within three weeks. The respondents No.1 to 3/employer shall process the said application and if there is any deficiency, inform the appellant's family of the same for them to make good the deficiency. When the application is complete in all respects, then the amounts due and payable to the appellant shall be released to him through his wife/son within four weeks therefrom.
6. The appeal is disposed of in terms of the above order along with the pending applications, if any. If the appellant has any grievance with regard to non-release of any amount by the respondents No.1 to 3/employer, he shall be entitled to approach the court for appropriate orders.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 30.04.2021 lur W.A.No.154 of 2021 page 2 of 2