When the application is called out and taken up for hearing, learned advocate for the applicant is not present.
2. The applicant has taken out present application seeking below mentioned reliefs:-
"6(B) Direct the respondents, their agents, servants office bearers etc. to immediately release the amount of gratuity, commutation to the petitioner at the first instance along with statutory rate of interest available on such amount as per the Scheme of the Government.
(C) Direct the respondents to immediately release the amount of provisional pension in favour of the petitioner from the date of his retirement 31.3.2002 and pay arrears of such provisional pension to the petitioner without prejudice to their rights and contentions in the petition pending for final hearing."
3. So as to appreciate and consider the relief prayed for by the applicant in present application, it is also necessary to take into account the relief prayed for by the applicant - writ petitioner in the writ petition being Special Civil Application No.779 of 2004. In the writ petition, the applicant - writ petitioner has prayed for below mentioned reliefs:-
"7(a) to extend the benefit of pension to the petitioner from the date of his retirement by directing the respondents to immediately pay the arrears of such pensionary benefits till this date with interest at the rate of 18 per cent p.a.
(b) to make payment of the amount of higher grade from the date of entitlement thereof till the date of his retirement with interest on the arrears thereof at the rate of 18 per cent p.a. from the due date of entitlement thereof."
4. On perusal of the reliefs prayed for by the applicant in present application vis-a-vis the reliefs prayed for by the applicant - writ petitioner in the writ petition, it becomes clear that the issue about applicant - writ petitioner's entitlement to benefit of pension itself is in dispute in the writ petition being Special Civil Application No.779 of 2004. Therefore, so long as the main issues about entitlement of the writ petitioner to the benefit of pension and higher grade of pay, etc. are not decided, it is not possible to consider and grant the reliefs prayed for by the applicant in present application. Therefore, the said request made by the applicant in present application is not considered and is disposed of.
5. However, so far as the applicant's request for payment of gratuity is concerned, the opponents - orig. respondents are directed to take appropriate decision within period of 2 weeks from service of certified copy of present order. If the applicant - writ petitioner is, for any reason, found to be not entitled for payment of gratuity, then, the reason and decision shall be conveyed to the applicant - writ petitioner within period of 2 weeks from service of certified copy of present order.
5.1 The applicant - writ petitioner is permitted to effect service of certified copy of present order directly to the opponents - orig. respondents.
With the aforesaid observations and direction, present application stands disposed of. Direct service is permitted.
(K.M.Thaker, J.) kdc Top