- (1.) On 26/3/1993 in Writ Petition (C) No. 250 of 1987 we made an order, the operative portion whereof reads as under : "It would, therefore, appear that the State government conceded the fact that because of its failure to apply the revised rules to this category of employees a disparity has entered in the matter of determination and payment of pension to such employees. Since the State government has failed to take a decision in the matter, although more than reasonable time has elapsed, we are, as stated earlier, left with no alternative but to issue a mandamus to the State government to consider the grievance made by the teachers not included in the revised pension scheme within a period of three months from today. It is needless to point out that since considerable time has already been taken by the State government in this behalf, there will be no question of extension of time. If the Education Department in the State government does not take a decision despite this last opportunity given to 567 it, this court may be compelled to apply the new scheme without any further delay. The petition will stand disposed of accordingly but with liberty to revive for directions in the event the State government fails to take decision within the time allowed. "after the above order was made the State government does not appear to have issued any orders in regard to the admissibility of the revised pension scheme to this category of employees. Without asking for extension of time the State government has taken its own time and even the letter dated 5/8/1993 merely states that the government has taken a decision and orders would be issued as soon as possible. Even after this letter of 5/8/1993 orders do not seem to have been issued, at least they have not been placed on record. This leaves us with no alternative but to permit revival of the writ petition and issue a mandamus to the state government to apply the new pension scheme to the category of employees to which the present petitioner belongs.
(2.) It was submitted by Ms Jaising that the State government has been insisting on repayment of the employer's contribution to the contributory provident fund which was withdrawn by the petitioner and others similarly situated. She submits that the pension due to the employees may be determined by the State government and the same may be adjusted against the employer's contribution which the employees would be liable to refund and if there is a surplus payable by the employees, the employees would be willing to pay the same within the time that may be allowed by the State government. We direct the State government to do so.
(3.) The writ petition will stand disposed of accordingly with no orders as to costs.;