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poonam verma (Company Secretary)     03 June 2008

Help required

Hi everyone,

I need help on a issue, actually this is case of release of death-cum-retirement-gratuity of my father. My papa is retired SDO form irrigation dept. of Haryana. At the time of his retirement a certaing %age of gratutity was withheld by the Govt. as there was a pending decision about  the promotion gardes. Now High Court has decided the case and asked to release the funds. But govt. officers are not releasing it on the account that name of my father is not included in the list of petitioners. thought we hv written them that this decision is applicable for all employees on the basis of same facts and each and every employee is not required to go to high court for application of same decisions. we wrote a lot to govt. officers but nothing happened, can anybody guide me what should we do in such circumstances, though we had asked for the result of our application under RTI Act, also.

Pls guide

Thanks in advance

Poonam

Company Secretary

 

 



Learning

 7 Replies

shiva shanker (Legal Officer)     03 June 2008

Dear Poonam, you can move the original jurisdiction u/Art.226 by filing a writ before the High Court basing on the pronounced judgment, and you can get the order of mandamus against the Govt. inorder to release the gratuity fund etc., in this case, i strongly recommend you to please approach High Court by way of Writ only.

Prakash Yedhula (Lawyer)     03 June 2008

You may be correct in saying that the decision of the High Court is squarely applicable to your father's case. But for the inaction on the part of the officials to follow the said judgment in your father's case, you have no other option except to approach the court. Your cannot maintain a contempt petition as he was not a party to the said proceddings.

GOPI KRISHNA (ADVOCATE)     03 June 2008

make a representation to the concerned oficer with a copy of the high court judgement, if the officer fails to act on the representation, then you can move high court for writ of mandamus directing the concerned offier to release the gratuaty based on the earlier high court judgement.

Mohit chawla (PRACTICE)     03 June 2008

U have to approach Court Under Article 226. and a writ petition of mandamus can help you in solving this case..

Guest (n/a)     04 June 2008

Approach the HC and get an order in your favour

B.P. Bhardwaj (delhi)     03 July 2008

I agreed with Mr. Vikas

shamit sanyal (advocate)     13 July 2008

i agree with Mr gopikrishna, a representation is a must or a demand for justice,if justice is denied then move an application under Art 226


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