H EKANTHAPPA Vs. DIRECTOR OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) LEARNED Government Advocate is directed to take notice for respondents 1 and 5.

(2.) THE relief sought for by the petitioner in this writ petition is for fixation of pension and for quashing of recovery notice dated 2.1.2012 produced at Annexure 'G'.Hence, notice to respondents 2 to 4 is dispensed with.

(3.) ACCORDINGLY, the writ petition is allowed. Recovery notice dated 02.01.2012 issued by respondent No.5 as per Annexure 'G' stands quashed. Respondent No.5 is directed to consider the documents produced by the petitioner particularly, the order passed by this Court in W.P. Nos.12452/2005 dated 22.03.2007 and fix pay scale and pension of the petitioner as per Annexure 'C' issued by respondent No.1 and order dated 12.11.2009 as per Annexure 'F' issued by the Municipal Council, Harapanahalli, in accordance with law. After fixing appropriate pension, if the petitioner is entitled for interest on the same in accordance with the Government order, it is open to respondent No.5 to calculate interest and pay the pension accordingly. This exercise shall be done as early as possible not later than three months from the date of receipt of copy of this order.