Uttarakhand High Court
WPSS/667/2021 on 18 June, 2021
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPSS No.667 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Via Video Conferencing)
Mr. M.S. Bhandari, Advocate for the
petitioner.
Mr. P.S. Bisht, Addl. C.S.C. for the State of
Uttarakhand.
The petitioner in the present writ petition
had sought a writ in the nature of mandamus to
the respondent no.2, in the nature of directing
them to grant the retiral benefits, arrears of salary
of suspension period, gratuity, leave encashment
etc.
Alternatively, the second prayer sought in
the writ petition is for a mandamus to respondent
no.2 to consider and decide the representation of
the petitioner dated 20.02.2021, as has been
submitted by the petitioner for the purposes of
grant of retiral benefits and the arrears of salary
for the suspension period, gratuity, leave
encashment etc.
The brief facts which emerges from the
records of the writ petition is that the petitioner
after his initial appointment which was made on
21.02.1991, was later on issued with a show cause
notice on 22.01.2014 for his alleged involvement
in an act of embezzlement, which was found to
have been carried in the department in which he
was allegedly involved, and ultimately he was
charge-sheeted and the departmental inquiry was
conducted against him.
It was during the continuance of his service
tenure, that the departmental inquiry proceedings,
when it was pending for consideration, the
suspension of the petitioner, which was made
with effect from 14.05.2012, was revoked by an
order of 13.05.2015 which was passed by the
respondents, and his contention is that after the
revocation of suspension order he continued to
serve the respondents till he attained the age of
superannuation on 31.07.2017 and retired from
his services, during the pendency of departmental
proceedings.
The grievance of the petitioner is that after
attaining the age of superannuation, his
pensionary benefits and other retiral dues,
including the arrears of salary for the suspension
period, has not been paid though according to the
petitioner, he has come up with the case in the
writ petition that respondent no.3 on 02.07.2018,
has already determined the pensionary benefits
and secondly on the culmination of departmental
proceedings, the petitioner has already been
discharged and exonerated from the charges,
which was levelled against him by a decision
which has been taken on 18.01.2021, where
departmental proceedings, were dropped in his
favour.
In view of the aforesaid development, he
submits that after the orders passed, on the
culmination of the departmental proceedings, on
18.01.2021, he had filed a representation on
22.02.2021, before respondent no.2 to grant him
the retiral benefits and other service benefits, as it
has been prayed in the writ petition and the said
representation is still pending consideration,
before the respondent though there is nothing
adverse against him as of now and no decision has
been taken on the same and the representation
thus filed by the petitioner is still pending
consideration.
Without expressing any opinion on the
merits of the matter, this writ petition is being
disposed of, with a request to respondent no.2, to
consider and decide the representation of the
petitioner dated 22.02.2021, within a period of
two months from the date of presentation of the
certified copy of this judgment and it goes
without saying that respondent no.2, when he will
be considering the representation, he will consider
the entire backdrop of the service records,
including the order exonerated of the petitioner
from the charges levelled against him by virtue of
an order of 18.01.2021 by which the departmental
proceedings against petitioner was dropped.
Subject to the above directions, the writ
petition stands dispose of.
(Sharad Kumar Sharma, J.)
18.06.2021
Arti
`
