- (1.) We have heard learned Standing Counsel for the State appellant. Shri Rahul Jain appears for the petitioner-respondent.
(2.) The Special Appeal has been preferred with a delay of 316 days. In the affidavit of Shri Vinod Kumar, Assistant Engineer, Construction Division-II (P.P.), Public Works Department, U.P. Agra, filed in support of delay condonation application, the substantial part of the delay has been explained to have been spent in obtaining permission of the State Government for filing the Special Appeal. The request for permission was granted on 24.20.2005. The delay has been sufficiently explained, and is condoned. The delay condonation application is allowed and the appeal was heard.
(3.) The State respondents are aggrieved by the judgment of learned Single Judge dated 7.12.2004 allowing the Writ Petition No. 22959 of 2003, and setting aside the orders dated 11.9.2002 and 31.1.2003, by which a recovery of Rs. 98, 125/- was directed to be made from the gratuity and commutation amount of the petitioner. Learned Single Judge found that the petitioner retired as Junior Engineer in Public Works Department on 31.10.1997. At the time of retirement, he was drawing salary of Rs. 11, 300/-. The State Government fixed the pension on the average of last month of salary drawn, multiplied by number of years of service (subject to maximum 33 years) divided by 66. The amount of pension was worked out at Rs. 5650/-. The petitioner was given the calculated amount as provisional pension upto 31.1.2003. On 27.7.1998 the respondent No. 2 pointed out certain irregularities in the fixation of pension and directed the petitioner's pay scale to be re-fixed in accordance with the Government Order dated 20.11.1981.;