Ramesh Kumar Sharma And Ors vs East Delhi Municipal Corporation And Ors

Heard learned counsel for the parties.

This case was filed by Shri Ramesh Kumar Sharma, who died during the pendency of this case on 12.1.2018 and now the said Ramesh Kumar

Sharma is represented by his legal heirs.

In this case reliefs sought are as follows:-

“(i) issue direction to the respondents to release the retiral benefits i.e. GPF, Leave Encashment, Bonus, EPF, Central Government Employee

Insurance, Funds and other funds, which are lying in other heads also in the organization/Department of the respondents, to the applicant as per the

guidelines issued by the Hon’ble Supreme Court, Hon’ble High Courts and Hon’ble Tribunals in catena of judgments;

(ii) grant the costs of this Original Application in favour of the applicant;

(iii) grant any other relief(s) as this Hon’ble Tribunal deem fit and proper in the ends of justice.â€​

The brief facts of the case are that a complaint was received in the office of the respondents against the subsequently deceased applicant â€

Ramesh Kumar Sharma, who was holding the post of Lower Division Clerk, and other officials of the respondents, from a contractor Shri Gaurav

Roorkiwal and other suppliers on 25.5.2007 and on the basis of the same, an FIR No.25/08 under Section 7/13 of Prevention of Corruption Act r/w

120B IPC, was registered at P.S. AC Branch, Delhi and the learned Court of Sh. A.S. Yadav, Special Judge, Tis Hazari Courts, Delhi granted

anticipatory bail to the applicant vide order dated 6.9.2008. The applicant retired on 31.12.2011. When the respondents have not released his retiral

dues, the applicant submitted his representations on 11.9.2015 and 18.9.2015 and also moved RTI application requesting to release his retiral dues but

the respondents have not paid any heed to the same. Being aggrieved, he has filed this OA seeking the reliefs as quoted above. Counsel for applicants

states that the dues be released and it is the duty of the respondents to take steps to do their duty to complete the same at the earliest.

Counsel for the respondents submitted that all the retiral dues, i.e., GPF amount, leave encashment, Bonus, provisional pension etc., except

retirement gratuity and commutation of pension, have been paid to the applicant, as police case is pending against him. Counsel further submitted that

since the applicant died, the legal heirs ought to have apprised the concerned learned Court who is adjudicating the case registered under the FIR

No.25/2008 and obtained a specific order from the said Court on the next date of hearing, which is 3.7.2019. Counsel further submitted that

respondents have also written a letter to him in which they have stated as under:-

“May refer to court case cited as subject above which is listed on 03.07.2019 for hearing as last opportunity. In this regard, you are informed that

this department has sent letter No.EE(M)-II/SH-S/2019-20/E32 dated 03-5-19 to Vigilance department for providing the latest status of the case but it

has been informed by Vigilance Department that reply from the ACB Govt. of NCT, Delhi is till awaited.

Since, ACB/RDA/Police case are referred to Vigilance department that keeps record of ACB/RDA/police case and issues clearance certificate to

this effect. It is beyond the capacity of this department to release terminal benefit until RDA/Police case clearance certificate is issued by Vigilance

Department.

In this larger interest of the corporation the facts of the second Para may be apprised to Court on Next Date of hearing on dated 3.7.2019.â€​

Counsel also submitted that until a clearance certificate is issued by the Vigilance Department, the respondents are not in a position to release his

withheld retiral dues.

In the above facts and circumstances of this case, this Court feels it appropriate to direct the applicants to approach the concerned learned Court

who is adjudicating authority of case FIR No.25/2008 as also the Vigilance Department apprising the death of Shri Ramesh Kumar Sharma within a

period of 15 days from the date of receipt of a certified copy of this Order. Upon receipt of the decision of the learned concerned Court as well as

Vigilance Department, the respondents are directed to process the case for release of the withheld retiral dues to the legal heirs of the deceased Govt.

employee as per rules on the subject within a period of 3 months from the date of receipt of an order of the concerned Court. Vigilance Department

will give their report in this matter to the respondents within 30 days of the receipt of the copy of this order.

Since the deceased â€" Ramesh Kumar Sharma has also disputed the fact of receipt of the amount of GPF, Leave Encashment, Bonus, Provisional

Pension, the respondents are directed to provide details of release of the same to the legal heirs as they have stated that they have already released

the same, (except retirement gratuity and commutation of pension amounts) within 30 days of the receipt of the copy of this Order.

In the result, the present OA is disposed of with the above directions. There shall be no order as to costs.