BINOD KUMAR ROY, D.R.CHAUDHARY, JJ. - (1.) IN terms of our order dated 28.2.2001 clarifying that if no Counter Affidavit is filed, in that event the Writ Petition will be disposed of on its merit at the admission stage itself on 27.3.2001, we proceed to reject the prayer for adjournment of Sri Vishwa Jyoti : - Sahai, learned brief holder for the State, on the ground that one more opportunity be granted as no one has turned up despite a communication made by speed post on 4.3.2001.
(2.) THE petitioner, who superannuated on 31.1.1998 as Tahsildar, Sayana, District Bulandshahr, has come up for grant of following reliefs: - (i) To command the Respondents to continue to pay ad - interim pension since 1.2.1999 onwards and to fix his final pension within the time granted by this Court and pay the same with interest at the rate of 24% per annum; (ii) To command the Respondents to pay alongwith similar interest (a) the amount of encashment, (b) 10% balance of gratuity, and (c) 10% balance of provident fund forthwith.
(3.) HIS case is as follows: - He as Naib Tehsildar performed and discharged his duty efficiently and subsequently promoted/ appointed as Tehsildar till he attained the age of superannuation; Respondent No. 2, the District Magistrate, Bulandshahr sent his pension papers complete in all respect vide letter dated 15.5.1998 (copy appended as Annexure -2), to Respondent No.1 on 15.5.1998; No Dues certificate was also issued to him by Respondent No.2 (copy appended as Annexure -3); Last Pay Certificate was also issued to him alongwith the order for payment of ad interim pension at Rs. 3665/ - plus Rahat, initially for the period 1.2.1998 to 31.7.1998 (copy appended as Annexure - 4); his ad interim pension was paid only upto 31.1.1999 and it was stopped from 1.2.1999; no order has been passed or communicated to him for stopping payment of ad interim pension which was done orally; up till now the Respondents have not paid his final pension without any rhyme or reason; 10% of his Provident Fund and Gratuity have been withheld without any reason though he is entitled for full amount; after his retirement pension is his only source of livelihood which cannot be stopped; his fundamental right guaranteed unde Article 21 of the Constitution of India has been violated; he is not keeping good health and requires money for his meals, upkeep and medicines; non -payment of even ad interim pension is causing him great loss and injury; his service record is absolutely clean and no enquiry or any other proceeding is pending against him; the action of the Respondents is absolutely illegal and without jurisdiction. Sri A.K. Gupta, learned counsel for the petitioner contended that the doctrine of non -traverse be invoked and the reliefs prayed for be granted with cost.;