WPSS/604/2016
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                                      WPSS No.604 of 2016
                                      Hon'ble Sharad Kumar Sharma, J.

None appears for the petitioner. Mrs. Indu Sharma, Brief Holder for the State of Uttarakhand.

Mr. Rajesh Sharma, Central Government Standing Counsel/respondent no.4.

Brief facts of the case are that the petitioner had attained the age of superannuation from the services of the respondents- department; having retired from the post of Health Supervisor, Primary Health Centre Jaharikhal District Pauri Garhwal as back as on 31.10.2012.

The petitioner contends, that as against the GPF Account No.MEDU/56704, he would be entitled for remittance of total amount of Rs.4,94,530/- but despite of having attained the age of superannuation, as back as in 2012 he has been only been remitted part of the amount i.e. amounting to Rs.72,136/- i.e. equivalent to 10% of the amount. However, the balance 90% of the amount which, he was otherwise entitled to receive has not been remitted.

Hence, the petitioner had to approach the writ court seeking a writ of mandamus, for the remittance of the withholdment of 90% of the GPF amount, which the petitioner contended that he was entitled to receive.

The Coordinate Bench of this Court, vide its order dated 29.03.2016, while inviting counter affidavit from the respondents, had directed them to file the same within a period of three weeks.

Ever since then the matter has not been listed till date, nor the respondents have filed their counter affidavit(s) to deny the writ averments. Hence, in that eventuality, where the writ averments despite of opportunity having being granted has not been denied it will amount to be an admission of pleadings and case, in the light of the judgment of the Hon'ble Apex Court reported in AIR 1993 (2) Supreme Court Cases 2592; as well as reported in AIR 1980 (2) Supreme Court Cases 471 and AIR 1986 Supreme Court 872.

In these peculiar circumstances, this Court has got no other option except to issue a writ of mandamus to the respondents to remit the withheld amount of 90% of the GPF, as claimed by the petitioner, which he was otherwise under law entitled to receive against the GPF Account number referred hereinabove.

The respondents would ensure to remit the entire balance amount within a period of six weeks from the date of presentation of the certified copy of this judgment, but only precaution which this Court is taking is that the direction for remittance of the entire amount as referred above would be subject to the condition the amount or a part of it has not already been paid.

The balance amount, which is due to be paid by the respondents, would also ensured to paid with the interest at the bank rate.

Subject to the aforesaid observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 05.08.2022 Arti