1) apply to HC for expedited hearing of your case

2) your retirement benefits would be subject to out come of your writ petition

wait for disposal of your case before HC

1. in this condition the court is not empowered to pass order of reinstatement but it can pass order for payment of full salary for that period.

2. you can apply for retirement benefits (jitendra kumar vs state of jharkhand 2011 SC) - supreme court has held that employee is entitled to get retirement benefits even a penal action is pending against him because all such benefits are his self acquired property.

1. It appears you challenged your termination through the said writ petition which becomes infructuous with you attaining the age of super annuation.

2. In that event there is no point of pursuing the same.

3.Rather claim your termination benefits and if the same is not disbursed then you can file fresh writ petition claiming the termination benefits.

The lapse of retirement date does not have a bearing on your writ. If the writ is eventually allowed by the HC then you will be reinstated from the date of discharge with all consequential benefits which will include salary and all perks and allowances. You may though apply to the HC through an urgent application to expedite the case.

however even after my original retirement date i.e. 30.11.2016 , the writ is yet to be decided by high court , owing to work pressure or reasons otherwise such as shortage of presiding officers. the counters have been filed by the defendants already. since the original retirement day is over i.e. 30.11.2016, what will be the status of case ? what will be position of retirement benefits too?

Certain administrative authorities have drawn attention to the fact that in cases of retirement on superannuation the work of assessment of the demands outstanding against them commences two years in advance whereas in other cases of retirement assessment of Government dues etc. can begin only after the retirement has been approved by Government and have raised a doubt whether the provisions of Rule 68 are also applicable to those who retired otherwise on superannuation and if so whether the time limit of 3 months is to be observed in such cases. The position has been reviewed in consultation with the Ministry of Finance. It has been decided that if the payment of gratuity has been delayed due to administrative lapses for no fault of the retiring employee in cases of retirement other than superannuation, the payment of interest may be regulated in the following manner:-

(i) In case of Government servants against whom disciplinary/judicial proceedings are pending on the date of retirement and in which gratuity is withheld till the conclusion of the proceedings:-

(a) In such cases if the government servant is exonerated all charges and where the gratuity is paid on the conclusion of such proceedings, the payment of gratuity will be deemed to have fallen due on the date following the date of retirement vide DPAR's OM No.1(4)/Pen.Unit/82 dated 10.1.83. If the payment of gratuity has been authorised after 3 months from the date of his retirement interest may be allowed beyond the period of 3 months from the date of retirement.

(b) In cases where the disciplinary/judicial proceedings are dropped on account of the death of the government servant during the pendency of disciplinary/judicial proceedings, the payment of gratuity will be deemed to have fallen due on the date following the date of death and if the payment of gratuity has been delayed interest may be allowed for the period of delay beyond 3 months from the date of death.

(c) In cases where the government servant is not fully exonerated on the conclusion of disciplinary/judicial proceedings and where the competent authority decides to allow payment of gratuity, in such cases, the payment of gratuity will be deemed to have fallen due on the date of issue of orders by the competent authority for payment of gratuity vide DPAR's OM No. 7(1).PU/79 dated 11.7.1979. If the payment of gratuity is delayed in such cases interest will be payable for the period of delay beyond 3 months from the date of issue of the above mentioned orders by the competent authority.

For more clarity you may refer to the settled law in the following case:

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6770 OF 2013

(Arising out of Special Leave Petition (Civil) No. 1427 of 2009)

State of Jharkhand & Ors. ….. Appellant(s)

Vs.

Jitendra Kumar Srivastava & Anr. …..Respondent(s)

at this stage can I approach any authority such as CLC offices for settlements of gratuity etc. pending writ with high court?

You can aproach the authorities for settlement o gratuity but what about the calculation of gratuity and upto which period?

Would you like to make any compromise on the pending case for the purpose of availing this gratuity?

You may discuss at length with your advocate before taking any decision.