Mohan Lal vs Principal Secretary And Ors

The applicant has filed the present OA, seeking the following reliefs:-

“a) Direct the respondents to release the retiral benefits of the petitioner with immediate effect, which includes Rs.2,792/- towards Dearness

Allowances (w.e.f. July 2018) and Rs.14,17,890/- towards Capitalized/Commuted Value of Pension (CVP) along with interest @12% per annum on

the delayed payment.

b) Direct the respondents to release the Gratuity of the petitioner amounting to Rs.12,72,926/-along with interest @ 12% per annum on the delayed

payment;

c) Direct the respondents to release Bonus for the Financial Year 2015 â€" 2016, 2016-2017 and 2017-2018, Dearness Allowance for the period

January 2018 to July 2018 to the petitioner and also to pay arrears towards enhanced salary of the petitioner as per the provisions of 7th p0ay

commission (as applicable upon the petitioner and approved by the Competent Authority) with effect from 01st January 2016 along with interest

@12% per annum on the delayed payment;

d) Direct the respondents to pay the litigation expenses/cost of the petition to the petitioner;

e) Direct the respondents not to victimize the petitioners after filing of the present petition;

f) Pass any other order(s)/relief(s) in favour of the petitioners and against the respondents as per the facts and circumstances of the case.â€​

It is noticed that this matter pertains to payment of pension to the applicant who has retired from service as a Malaria Inspector from the

respondent organization. In this regard, the applicant has also served a legal notice dated 11.02.2019 on the respondents. Previously, in a similar matter

in OA No. 886/2018, it had been informed by the Municipal Corporation that in view of the paucity of funds in their organization, they are paying

employees as and when they have funds. At present, only employees, who have retired till October, 2015 have been paid.

Hence, without going into the merits of the case, the respondents are directed to pass a speaking and reasoned order on the legal notice dated

11.02.2019 served on them as per Annexure A1, within a period of 90 days of receipt of a copy of this order, in accordance with law.

With the above directions, the OA is disposed of, at the admission stage itself.