1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
"(a) Be pleased to issue a Writ of Mandamus or any other appropriate writ in the nature of Mandamus, or any other appropriate writ order or direction, directing the respondent authorities to pay all retiral dues such as Pension, Gratuity amount, General Provident Fund amount (GPF), Commutation pension amount, arrears of 6th pay commission and benefits of Higher Pay Scale and arrears thereof etc., to the petitioner together with interest at the rate of 18% p.a. from the date of retirement/superannuation, i.e. 31.10.2010 till the date of actual payment.
(b) Pending admission and final hearing of this petition, direct the respondents to pay the regular pension, GPF, Gratuity amount, Commutation amount with 18% interest to the petitioner forthwith and/or to pay/deposit the outstanding retiral dues with interest in this Hon'ble Court and the Hon'ble Court be further pleased to permit the petitioner to withdraw the same on such conditions as may be deemed just and appropriate.
(c) Provide for the full costs of this petition.
(d) Pass such other and further orders in the circumstances of the case in the interest of justice."
2. Heard Mr.Girish Patel, learned counsel appearing for the petitioner, Mr.Kamlesh Patel, learned A.G.P. appearing for respondent Nos.1 and 2 and Mr.B.Y. Mankad, learned counsel appearing for respondent No.3.
3. It transpires from the record that the petitioner was the employee of the then Gandhinagar Notified Area. It is an admitted position that Gandhinagar Notified Area has been converted into Gandhinagar Municipal Corporation with effect from 01.05.2010 vide notification dated 30.04.2010 and all the employees of the erstwhile notified area have become employees of the Municipal Corporation. It further transpires from the record that on creation of respondent No.3 - Corporation, a proposal was made for sanctioning the pension of the petitioner and similarly situated persons by respondent No.3 - Corporation on 28.07.2010.
4. Today, Mr.Kamlesh Patel, learned A.G.P. tenders on record communication dated 27.12.2011 whereby, the pension of the petitioner has been fixed and gratuity and other retiral benefits have been calculated by the competent authority, namely, Pension and Provident Fund, Directorate. Mr.Patel further submitted that in view of the said communication, the grievance of the petitioner does not survive.
5. Mr.Patel, learned counsel for the petitioner however, submitted that over and above the retiral benefits and dues such as pension, gratuity amount and General Provident Fund etc., the petitioner has also prayed for the benefits of 6th pay commission and higher grade.
6. In view of the order dated 27.12.2011, the main prayer in relation to the fixation of pension is already done.
7. Considering the above facts, it would be open for the petitioner to approach respondent Nos.1 and 3 for the other benefits which are claimed for in this petition, as no further particulars are given by the petitioner in this petition as regards his entitlement of higher pay scale. If such an application is made by the petitioner, the same shall be considered by the concerned respondent-authority in accordance with law as expeditiously as possible.
8. With these observations, the petition is disposed of. Notice is discharged.
(R.M.CHHAYA, J.) Hitesh Top