V S MANI Vs. CHIEF ENGINEER DISTRIBUTION

JUDGEMENT

(1.) This writ petition has been filed for the issuance of a writ of certiorarified mandamus to call for the records of the first respondent in connection with his order dated 6.12.2000 bearing Memo.No.22014/720/C.II/89-10 and the order of the third respondent bearing No.073188/G.6/G.61/2002-2 dated 28.8.2002 in so far as it denies the petitioner's pensionary benefits from the date of his compulsory retirement on 21.6.1988 and quash the same and direct the respondents herein to pay the pensionary benefits to the petitioner herein with effect from the date of his compulsory retirement on 21.6.1988 with interest thereon.

(2.) The brief facts that are necessary for this case are as follows:- The petitioner was employed in the Electricity Board as Turbine Operator. He joined service on 1.10.1960. It is seen that he had obtained a housing loan for a sum of Rs.33,500/= but he had not utilised the same for building the house. Therefore charges were framed against him and an enquiry was also conducted. In the enquiry he was found guilty of the charges framed. After completing all the formalities, a punishment of dismissal was imposed by the authorities against him. This order of dismissal was challenged by the petitioner by way of a writ appeal. Considering the facts of this case, this court passed an order that since the authorities have not considered the petitioner's request of taking a sympathetic view, set aside the order of dismissal dated 21.6.1988. Thereafter the impugned order came to be passed, whereby the order of dismissal was converted into one of compulsory retirement. The impugned order reads as follows:-

(3.) Mr.V. Prakash, learned counsel appearing for the petitioner submitted that the order of dismissal has been modified as one of compulsory retirement. Therefore he is entitled to all the monetary benefits including pension from that date of his compulsory retirement. But the authorities have passed a specific order stating that the petitioner is entitled to pension only from 16.8.2000, the date of pronouncement of the order in writ appeal by this court. The learned counsel for the petitioner also submits that this order is invalid and the petitioner should have been given pension from the date on which he was compulsorily retired namely, from 21.6.1988. onwards.