The applicant - original petitioner has taken out present application seeking direction to the respondents to calculate and pay the provisional pension before his case raised in the writ petition is decided.
2. The service of the applicant was terminated on disciplinary ground after conducting inquiry in respect of the charges levelled against him. Upon being aggrieved by the said decision, the applicant challenged the said decision and the order of termination came to be set aside. Subsequently, the applicant was reinstated and he resumed duties. Thereafter, on reaching superannuation, the applicant retired.
3. Thereafter, the applicant - original petitioner preferred present writ petition seeking below mentioned relief:-
"(A) The Honourable Court be pleased to issue a writ of certiorari or writ in nature of certiorari or any other appropriate writ, direction or order quashing and setting aside the impugned order dated 08.06.2005 passed by Appeal Sub Committee as well as 13.09.2005 passed by the Dy. Municipal Commissioner with all consequential benefits considering the continuity of service and further be pleased to direct the respondent authorities to refund the amount of Rs.9631.46 paisa which is already recovered from the monthly salary paid to the petitioner.
(B) The Hon'ble Court be pleased to direct the respondent authority to pay pensionary benefits such as pension, gratuity, provident fund, leave encashment etc. as per the representation made by the petitioner on 05.01.2006 and further be pleased to direct the respondent authority to refund the amount of Rs.1996/- which is deducted from the salary of December-2005, as the petitioner is entitled for the pay scale of Rs.4500-7000/- (pharmacist) but the respondent authority calculated the reduce pay scale of Rs.4000-6000/- as stated in the pay slip.
(C) The Hon'ble Court be pleased to direct the respondent authority to pay the difference of scale admissible to the post of the petitioner from 01.01.96 till the date of retirement along with interest as per fifth pay commission award as the petitioner was paid scale of Rs.1350-2200 during the said period though the petitioner is entitled to get the scale of Rs.4500-7000."
4. The respondents have filed reply affidavit and contested the petitioner's claim for pension on the ground that he was member of contributory provident fund scheme and therefore, not entitled for pension.
5. In this view of the matter, it would be difficult to grant any relief or pass any direction requiring the respondents to calculate and pay provisional pension, more particularly when the entitlement itself is in dispute.
6. Having regard to the said position, office is directed to list the writ petition in the cause list of Final Hearing. The writ petition shall be heard finally and issue about entitlement will be considered, at that time.
7. With the aforesaid observations and direction, the application stands disposed of.
(K.M.Thaker, J.) kdc Top