1. The petitioner has taken out present petition seeking below mentioned directions and relief/s:
"16(A) Directing the respondents to fix and pay the pension of the petitioner on the basis of basic pay of Rs.26310/- w.e.f. 1.8.2010 and pay the arrears with 8% interest.
16(B) Directing the respondents to pay the remaining arrears of revision of pay in pursuance of the order dt. 4.8.2009 with 8% interest forth with."
2. Learned advocate Mr.Supehia has appeared for the petitioner and learned advocate Mr.Munshaw for the respondents authorities.
3. So far as the relief prayed for in para-16(A) is concerned, learned advocate Mr.Supehia has heavily relied on the submissions and details mentioned by the respondent no.2 authority in para-10 of its reply affidavit dated 12/04/2012.
4. In para-10 of reply affidavit dated 12/04/2010, the respondent authority has stated, inter alia, that:
"10. The respondent No.2 herein has addressed a letter dated 23/01/2012 to the respondent No.1 for fixation of pension on the basis of pay of Rs.26,310/- and a copy of the said order is annexed herewith and marked as Annexure-K. It is submitted that as soon as appropriate decision is taken by the respondent No.1 herein, the needful would be done at the end of the respondent No.2 in this regard. The respondent No.2 further states that so far as the second inquiry is concerned, the charges leveled against the petitioner are proved and thereupon penalty of recovery of Rs.58,905/- is imposed through letter dated 19/03/2012 and a copy thereof is annexed herewith and marked as Annexure-L. In other words, it is crystal clear that deduction of Rs.50,000/- from the amount of gratuity is just, legal and now further amount of Rs.8,905/- would be recovered as per the penal order dated 19/03/2012. The respondent No.2 submits that so far as the fixation of pension on the basis of pay of Rs.26,310/- is concerned, the needful would be done as per the decision of the respondent No.1."
5. Learned counsel for the petitioner has heavily relied on the stipulation made by respondent authority to the effect that "The respondent No.2 submits that so far as fixation of pension on the basis of pay of Rs.26,310/- is concerned, the needful would be done as per the decision of the respondent no.1."
6. Learned advocate Mr.Supehia for the petitioner has submitted that the petitioner has no objection or grievance if appropriate actions are taken in light of the said stipulation in para-10 of the reply affidavit. Therefore, so far as the relief prayed for in para-10(a) is concerned, below mentioned directions passed:
7. The respondent no.1 and 2 shall take necessary and appropriate decision with regard to the requirement of fixing the pension amount payable to the petitioner by considering petitioner's pay as Rs.26,310/-. Such decision shall be taken as expeditiously as possible and not later than four weeks from receipt of certified copy of present order. It is open to the petitioner to serve a certified copy of present order to respondent nos.1 and 2 for the aforesaid purpose.
8. So far as the relief and direction prayed for by the petitioner in para-16(B) is concerned, learned advocate Mr.Supehia for the petitioner has at the outset clarified that the petitioner is not raising any objection so far as the order dated 19/05/2009 is concerned. He, however, also clarified that the petitioner reserves his right to take out appropriate proceedings before appropriate forum against the order dated 19/03/2012 and to challenge the said order on grounds available in law.
9. The said opportunity is reserved in favour of the petitioner, so far as the order dated 19/03/2012 is concerned.
10. In light of such stipulation and clarification, learned advocate Mr.Supehia for the petitioner further submitted that the petitioner does not have any objection if the respondent authority recovers/adjusts the amount as per order dated 19/05/2009 from the amounts payable to the petitioner towards pension, after adjusting the amounts which have been retained by the authority towards gratuity and revision of pay.
11. He also clarified that if for recovery of the amount covered under the order dated 19/05/2009 and of the amounts of which reference has been made in last four lines of para-7 and 8 of the affidavit dated 12/04/2012, adjustment/set off is made from the amounts payable towards gratuity and revision of pay or any other amount payable to the petition including the pension amount then the petitioner will not raise any objection.
12. He also clarified that if aforesaid amount falls short-of the amount to be recovered and some more amount remains to be recovered in view of the order dated 19/03/2012, then subject to the right of objection and challenge against the said order dated 19/03/2012, for the present, such adjustment/recovery may be made so that petitioner's pension amount may be fixed expeditiously and the payment of pension may commence.
13. Therefore, it is clarified and directed that the respondent authority may take necessary action, decision and pass appropriate order for the amounts payable to the petitioner and also with reference to the fixation of petitioner's pension. Necessary order with reference to the relief prayed for in para-16(B) may also be passed within four weeks from the receipt of certified copy of present order.
14. Under the order that may be passed by the competent authority, appropriate calculation and clarifications about the amounts adjusted by the authority and the dates and details of the orders in connection with which the amount is, adjusted shall be elaborately clarified by the competent authority so as to enable the petitioner to understand the exact calculation and adjustment made by the competent authority. So as to avoid any confusion it is clarified that for the purpose of passing composite orders with reference to the relief prayed for in para-16(A) and 16(B), it will be open to the competent authority to also adjust the amount mentioned in the order dated 19/03/2012, however, the said adjustment shall be subject to petitioner's right to challenge the said order dated 19/03/2012. It is also clarified that the competent authority is at liberty to make appropriate adjustment in connection with the order dated 19/05/2009. So far as adjustments are concerned, the petitioner will accept the same and not raise any objection on that count.
15. With the aforesaid observations, the petition stands disposed of at this stage.
(K.M.THAKER, J.) (ila) Top