(1.) The petitioner herein retired as Octroi Inspector or December 10,1976. Having not been paid his pensionary benefits till the year 1988 in spite of representations and notice through the counsel, the petitioner has approached this Court through the present writ petition.
(2.) In the written statement filed on behalf of the Municipal Committee, it has been stated thai the petitioner had been prematurely retired w.e.f. September 30, 1976. This, order was challenged by him by filling a civil suit. The Regular Second Appeal No. 208 of 1986 filed by the Committee against the decision of the Courts below having been accepted on March 27,1987, the Committee took no action for the release of pension, gratuity etc. till the year 1987. No written statement has been filed on behalf of the State Govt. etc.
(3.) The mere pendency of the proceedings against an order of retirement did not entitle the respondents to withhold the benefits of pension and gratuity etc. for all these years. The action of the respondents is totally arbitrary and unfair.