(1) RULE. Mr.Janak Raval, learned Assistant Government Pleader, appears and waives services of rule on behalf of the respondents.
(2) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
(A) Your Lordships may be pleased to issue an appropriate writ, order or direction directing the respondents to fix the final pension of the petitioner and to pay the petitioner, the arrears of pension gratuity, provident fund with interest and also to pay the arrears of pay with interest for the period 4/7/1994 to 20/7/1997.
(B) Pending hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents to fix the pension of the petitioner and to pay to the petitioner all the arrears of monetary benefits with interest.
(C) Any other relief deemed just and proper may please be granted in the interest of justice.”
(3) This Court (Coram: Anant S. Dave, J) vide order dated 16.11.2011 had passed the following order:
“At the request of the learned AGP, S.O. to 1.12.2011.
In the meanwhile, respondent No.3 shall pass final order with regard to the communication sent by the Competent Authority.
Copy of this order be given to the learned AGP.”
(4) From the averments made in the petition it transpires that the petitioner was working as Mamlatdar since 06.11.1986 and that the petitioner has worked at more than two districts and lastly when the petitioner attained the age of superannuation as on 31.10.1997 the petitioner was working at Surendranagar district.
(5) It further transpires from the record that the petitioner was involved in a criminal case while he was Mamlatdar, Vaghodia, Dist. Vadodara under the provisions of the Prevention of Corruption Act. Respondent No.1 by resolution dated 04.02.1994 gave sanction for prosecution and accordingly the petitioner was prosecuted in connection with the criminal complaint registered with Vadodara ACB Police Station vide C.R. No.3 of 1993 for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. The said case was registered as Special Case No.6 of 1994 before the Special Judge at Vadodara. That the petitioner was acquitted in the said case by Special Judge, Vadodara vide judgment and order dated 31.03.2000. Against the said acquittal, the State Government also filed an appeal before this Court, being Criminal Appeal No.447 of 2000 and the said appeal came to be dismissed by this Court (Coram: K.S.Jhaveri & Z.K.Saiyed, JJ) vide judgment and order dated 18.09.2009. It is also a matter of record that the petitioner was exonerated in the departmental inquiry vide order dated 18.06.2010.
(6) It further transpires from the record that the petitioner retired on 31.10.1997 on attaining superannuation and as his pension was not fixed, the present petition came to be filed.
(7) Today in pursuance to the order dated 16.11.2011 Mr.Janak Raval, learned Assistant Government Pleader, placed on record an order passed by the competent authority dated 16.01.2012 whereby the pension of the petitioner has been fixed, which order is taken on record. A copy of the said order is also given by the learned Assistant Government Pleader to the learned advocate for the petitioner.
(8) Mr.Dave, learned advocate for the petitioner, submits that even though the main grievance raised in the petition is redressed, the period during which the petitioner was suspended i.e. from 04.07.1994 to 20.07.1997 the petitioner has not been paid arrears of salary even though the petitioner has been exonerated in the departmental inquiry.
(9) Considering the said fact it would be appropriate to direct the respondent authorities, more particularly respondent No.2 to decide the said issue as early as possible, preferably within a period of one month from today. Mr.Raval, learned Assistant Government Pleader, on instruction from Mr.D.J.Baranda, Deputy Collector, Wild Life Sanctuary, Surendranagar makes a statement that a decision on the said issue will be taken within a period of one month from today. It would be open for the petitioner to file an appropriate application before respondent No.2 for the said purpose within a period of one week from today.
(10) In the above premises, respondent No.2 is directed to decide the application that may be filed by the petitioner for considering the issue of arrears of salary for the period from 04.07.1994 to 20.07.1997, i.e. the period during which the petitioner was under suspension, within a period of one month from today. As aforesaid the pension is already fixed vide order dated 16.01.2012, it is expected that the respondent authorities shall make payment of the remaining amount as per the said order as expeditiously as possible.
(11) With these observations the petition is partly allowed, as aforesaid. Rule is made absolute only to the aforesaid extent. There shall be no order as to costs.
Bhavesh* *** Sd/ [R.M.CHHAYA, J ]