(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Calling into question oral order dated 21.11.2011 of the Central Administrative Tribunal, Ahmedabad Bench, in Original Application No.271 of 2011, learned counsel for the Central Government, Mr.S.A.Qureshi, submitted that while rejecting original application of the respondent herein a direction was issued in the impugned order to fix and pay provisional pension to the respondent. He pointed out that main prayer of the respondent in Original Application No.271 of 2011 was to set aside the order rejecting his request for voluntary retirement with effect from 16.1.2011. Upon that prayer being rejected in the impugned order and, in fact, respondent being not allowed to retire but, instead being served with the charge-sheet dated 30th September 2011, the question of fixing or paying provisional pension could not arise, according to the submission. Learned counsel also pointed out that due date of retirement for the petitioner, upon reaching the age of superannuation would be 31st May 2012.
2. It was, however, seen from the impugned order that the competent authority from amongst the petitioners herein has only been directed by the Tribunal to deal with the matter according to law, and hence, if the facts were as stated herein above, the competent authority is required to take appropriate decision in accordance with law, within three months from the date of communication of the impugned order. Therefore, as on today no legal issue to be determined by this Court has arisen, and hence, the petition is not required to be entertained at this stage. Accordingly, it is disposed with the observations as above.
(D.H.Waghela, J.) (N.V.Anjaria, J.) *malek Top