(1.) The petitioner who retired as Chief Officer from Bagasara Municipality on 30.6.1993 on completion of 58 years of age, has filed this petition under Article 226 of the Constitution of India for the following prayers in para 14 as under : -
(2.) The case of the petitioner is that he joined the service of Bagasara Municipality on 18.2.1978 as Administrative Officer cum Secretary. He was then appointed as Chief Officer on 14.6.1990. He was appointed in the grade of Rs.2000 -35000. On reaching the superannuation age of 58 years, the petitioner was retired from service by order dated 30.3.1993 with effect from 30.6.1993. It is the case of the petitioner that respondent No.1 passed Resolution No.45 on 1.7.1993 for giving pension, gratuity etc. to the petitioner and then passed order dated 13.10.1993 sanctioning the pension to the petitioner at Rs.505/ - per month with gratuity and commuted pension of Rs.16,800/ - and Rs.21,732/ - respectively as per the Pension and Gratuity Rules framed by the respondent No.3 - Director of Municipalities. However, by order dated 31.12.1993, the respondent No.1 decided not to release pension benefits till final order in Criminal Case No.278 of 1992 against the petitioner was passed. The petitioner was then acquitted in the said criminal case by order dated 22.3.1994. However, the petitioner was still not released benefit of pension, gratuity etc. in spite of the representations made by the petitioner. The petitioner thus filed the petition initially for seeking direction for release of the retiral dues of the petitioner with interest at the rate of 12% per annum from 1.7.1993.
(3.) It appears that since the petitioner died, pending the petition, his heirs have been brought on record. The petition was then amended, whereby the petitioners prayed to fix pension at the rate of Rs. 2025/ - per month with effect from 1.7.1993 with consequential increase/benefits as per the Pension Rules with interest at the rate of 12% per annum. The petitioner also prayed to quash and set aside the action of the respondents in recovering Rs.80,818.78 ps. from the pension of the petitioner.