- (1.) Heard Sri Sabir Ali, learned counsel for petitioner, Sri R.K. Chaudhary, learned counsel for respondents and perused the record. Facts of the present case are that petitioner who was working in the Nagar Palika Parishad, Akbarpur, Ambedkar Nagar, retired form the post of Lamp Lighter on 31.5.2005, as his post retiral dues (pension and gratuity) has not been paid, so he approached this Court for redressal of his grievances in respect to payment of post retiral dues by filing Writ Petition No. 5073 (SS) of 2008 with the following main prayer: (i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties immediately to determine and pay the monthly pension, gratuity and other retirement benefits to the petitioner alongwith arrears and interest @ 18% per annum thereupon, without making any further delay.
(2.) The said writ petition was disposed of by an order dated 22.8.2008, relevant portion of the same on reproduction reads as under: Considering the facts & circumstances of the case, with the consent of learned counsel for the parties, the writ petition is finally disposed of at this stage itself with a direction to respondent No. 1 to provide age limit to the petitioner, if he is eligible in accordance with law and if age limit has been provided to other person as indicated in Annexure-8 to the petition within a period of one month form the date a certified copy of this order is produced. Thereafter, the respondents concerned may clear of the retiral dues due towards the petitioner within two months.
(3.) As per direction given by this by order dated 22.8.2008 in Writ Petition No. 5073 (SS) of 2008 filed by the petitioner, the matter in regard to payment of post retiral dues to the petitioner (pension and gratuity) has been processed on 16.9.2008 by the Executive Officer with a recommendation that the period of six months and 24 days which is sought for the qualifying services in order to get the post retiral dues (pension) may be condoned.;