(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr.S.P.Majmudar, learned counsel appearing for the appellant, Mr.Rakesh Patel, learned Assistant Government Pleader appearing for respondent nos.1,2 and 3 and Mr.Premal Joshi, learned counsel appearing for respondent nos.4 and 5.
2. This Letters Patent Appeal has been filed challenging the order dated 21.9.2011 passed by the learned Single Judge in Special Civil Application No. 6161 of 2010. It is not disputed that when the writ petition was filed before the learned Single Judge, the scope of the writ petition was limited only for the purpose of ascertaining as to whether the order dated 27.12.2006 at Annexure 'V' to the petition has been implemented or not. It is further to be noted that by the aforementioned order, the period of suspension of the petitioner with effect from 13.09.1994 till reinstatement was to be treated as such and to be considered only for the purpose of receiving pension.
3. Therefore, the learned Single Judge issued notice to the respondents for limited purpose and after receiving the reply and considering the arguments of the learned counsel for the petitioner, has disposed of the writ petition by making the following observations in paragraphs 4 and 5 which are extracted below.
"4. However, according to the learned Advocate for the petitioner there remains some dispute about payment of arrears of pension as per the recommendations of the 6th Pay Commission to which learned Advocate for the respondent has made it clear that finally the Legal Fund Audit, Rajkot, Examiner, Local Fund Account & Audit has fixed the revised pension on the basis of the retirement date of the petitioner, i.e. on 31.12.2006 and now the petitioner is receiving pension to the tune of Rs.8,417/=. It is also noticed by the said office that in view of the specific condition in the order dated 27.12.2006 while reinstating the petitioner, further arrears of salary is not to be paid. The above period is considered for fixation and payment of pension as above. A certified copy of the order dated 07.05.2011 is ordered to be taken on record. In view of the above and what is stated in Paragraph 3 of the affidavit-in- reply dated 25.07.2011 about payment of arrears of pension as per the 6th Pay Commission in installments periodically as and when it becomes due, at this stage, almost all grievances of the petitioner stand redressed.
5. Considering overall aspects and what is recorded by the learned Single Judge, in the oral order dated 15.06.2010, this petition is disposed of with no order as to costs."
4. We are of the opinion that the correct view has been taken by the learned Single Judge on facts and law and no interference is required with the order of the learned Single Judge. We agree with the view taken by the learned Single Judge. This Appeal is devoid of any merits and is accordingly dismissed.
(V.M.SAHAI,J) (G.B.SHAH,J) ***vcdarji