The court heard the petitioner's plea to release his pension and gratuity, quash a post-retirement departmental inquiry, and annul related orders. The court found that the departmental inquiry was improperly initiated 15 months after the petitioner’s retirement, violating service rules. Consequently, the court allowed the petition, quashed the charge sheet, and ordered the release of all retiral benefits within 60 days, including interest on any unpaid gratuity.

1. Introduction

• Rule made returnable forthwith and heard finally by consent of the parties.

2. Previous Order (27.09.2022)

• Petitioner’s prayers for pension, quashing of impugned orders, and staying the departmental inquiry.
• Notice issued to respondents, returnable on 14th November 2022.
• Departmental inquiry directions based on the appointment of the Enquiry Officer.
• Proposal for provisional pension to be forwarded.

3. Facts of the Case

• Petitioner retired on 31.07.2020.
• Chargesheet-cum-show cause notice issued on 13.10.2021, 15 months post-retirement.
• Departmental inquiry commenced after retirement.

4. Opposition by Zilla Parishad

• Zilla Parishad’s inability to provide provisions allowing post-retirement inquiry.
• Petitioner received all retiral benefits except Rs. 1,06,358/- held back for potential recovery.

5. Legal Principle

• Departmental inquiries post-retirement are not permissible unless service rules explicitly allow.
• No employer-employee relationship exists post-retirement.

6. Court’s Decision

• Writ Petition allowed.
• Chargesheet dated 13.10.2021 quashed and set aside.
• All remaining retiral benefits to be released within 60 days.

7. Gratuity Payment

• Interest at 10% per annum on unpaid gratuity as per Payment of Gratuity Act, 1972.
• Interest calculated from 01.09.2020 until the gratuity is paid.
• Payment of arrears along with interest within 60 days.

8. Conclusion

• Rule made absolute in the stated terms.