ABDUL RAUF ABDUL HAIDAR SHAIKH Vs. DIVISION CONTROLLER

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed seeking direction to the respondent-corporation to provide the petitioner all the service benefits with appropriate interest as well as fixing of pension of the petitioner pursuant to the judgment and award dtd. 31/10/2007, which came to be confirmed according to the petitioner, by oral judgment and order of this Court dtd. 7/1/2013 passed in Special Civil Application No.8072 of 2008.

(2.) Learned advocate for the petitioner has drawn immediate attention of this Court to Page No.38 of the petition to indicate that the salary considered at the time of dismissal has been continued even after setting aside of the order of dismissal and reducing the punishment to the extent of withholding of two increments for the period of two years. According to the petitioner, the salary considered is at the rate of Rs.2550.00, which was even at the stage of his dismissal.

(3.) As against this, the learned advocate for the respondent- corporation has drawn attention of this Court to the affidavit-in- reply contending that the effect of the oral judgment of this Court has been given and accordingly, the salary of the petitioner was fixed after taking into consideration the punishment, which was imposed as per the award of the Labour Court and as the petitioner had retired, there was no question of reinstatement, however, his pay has been fixed and the last salary fixed was to the extent of Rs.6150.00 and not, as stated by the petitioner to be Rs.2550.00.