R.A. Sharma, J. - (1.) This writ petition has been filed by the petitioner for writ of mandamus directing the respondents to make payment of post retirement benefits, i.e., pension, G.P.F., Gratuity, Leave Encashment etc to him with the following allegations.
(2.) Petitioner was working as Forest Ranger in the Forest Department of this State when he retired on 27-8-1975. His work and conduct throughout his service has been excellent and he was confirmed as Forest Ranger and was entitled to the pension and other post retirement benefits. Before retirement he has completed all the formalities, which arc required to be completed for payment of pension and other post retirement benefits. Inspite of the above, he was not paid the pension and other benefits and he made a representation in connection therewith ; but without any result He also wrote to superior officers requesting for payment of post retirement benefits; but that too without any result. This writ petition was accordingly filed before this Court after serving notice on the learned Standing Counsel on 31-7-1981.
(3.) On 2-8-1991 this Court directed that writ petition be listed on 26-8-1991 la order to enable the learned Standing Counsel to find out as to why pension and other post retirement benefits are not being paid to the petitioner and in this connection learned Standing Counsel was required to call some responsible officer of the Department It was further observed therein that it is open to the respondents to settle the pension and other post retirement benefits of the petitioner and pay the same by the next date. The order passed on 2-8-1991 is produced below : "List on August 26. 1991 to enable the learned Standing Counsel to find out as to why It has not been possible for the opposite parties to settle the pension and other retiral benefits of the petitioner so far although he had retired in 1975, If necessary, the learned Standing Counsel may call for some responsible officer of the department to assist his to indicate the reason. It will also be open to the opposite parties to settle the pension and other retiral benefits of the petitioner and pay the same by the next date." As the above order was, however, not compiled with, this Court on 26-8-1991 direct 'd the respondents to produce the record on 5-9-1991. On 5-9-1991 neither the record was produced nor was any counter-affidavit filed. Therefore, the Court passed a fresh order directing for production of record on 17-9-1991. The case was, however, taken up on 23-9-1991 on which date, it appears that statement was made by learned Standing Counsel of the respondents that he has received instructions on 24-8-1991 ; but could not, so far, prepare counter-affidavit. This Court, as such, granted him four weeks time to fib counter-affidavit. Order passed on 23-9-1991 is reproduced below : "It appears that the learned Standing Counsel has received instructions on 24-8-1991. He has not so far prepared counter-affidavit. He is directed to serve copy of the counter-affidavit within four weeks The petitioner may serve copy of the rejoinder affidavit within the next ten days. List immediately thereafter," Inspite of the above order, counter-affidavit was not filed and on 30-10-1991 this Court again directed the learned Standing Counsel to produce the record. No record having been produced on the next date, on 23-11-1991 learned Standing Counsel was directed to produce the record ; but inspite of these orders, record was not produced before the Court. On 19-12-1991 learned Standing Counsel was again directed to produce the record ; but as usual no record was produced and the case was directed to be listed on 24-1-1992 on which date learned Standing Counsel was required to produce the record ; but again the record was not produced. This Court accordingly directed the learned Standing Counsel to produce the record on 13-2-1992 ; but the order of this Court was not complied with and no record was produced on that date also. With the result, this Court on the above date passed the following order, whereby direction was issued to Chief Conservator of Forest. Central Circle, U.P. to appear in person ; and to take a decision of the settlement of pension as well as other retirement benefits of the petitioner and inform the Court on the next date of listing. By the same order 26-2-1992 was fixed the next date of listing : "The petitioner retired in 1975 and since then he is struggling for the retirement benefits. But the same has not yet been given. In 1991, the petitioner was forced to file the present writ petition and on 2-8-1991 following order has been passed by this Court. "List on August 25, 1991 to enable the learned Standing Counsel to find out ss to why it has not been possible for the opposite parties to settle the pension and other retiral benefits of the petitioner so far although he had retired in 1975. If necessary, the learned Standing Counsel may call for some responsible officer of the department to assist him to indicate the reason. It will also be open to the opposite parties to settle the pension and other ratiral benefits of the petitioner and pay the same by the next date." Inspite of this order, the opposite parties have failed to settle the pension and other retirement benefits Thereafter this Court directed the opposite parties on several occasions to produce the record but no record has been placed nor any counter-affidavit has been filed in this case. In these circumstances, there 3 no alternative but to direct the Chief Conservator Forest to appear in person along with the record of the petitioner on 26-2-1992. The Chief Conservator Forest is also directed to take a decision of the settlement of the pension as well as other retirement benefits of the petitioner and inform the Court on the next date of listing. List this case on 26-2-1992. The petitioners counsel undertakes to serve the copy of this order on Chief Conservator of Forest. On 26-2-1992 the Chief Conservator of Forest, Sri R.S. Singh appeared before this Court and gave an undertaking that petitioner will be paid interim pension including arrears up-to-date within seven days. This Court accordingly directed the respondent Nos. 1 and 2 to pay the entire amount of interim pension including arrears up-to-date by 4-3-1992 and this writ petition was directed to be listed on 5-3-1992. The order passed on 26-2-1992 is reproduced herein below : "The Chief Conservator Forest, Sri R.S. Singh is present in Court as per direction of this Court dated 13-2-1992. The learned counsel appearing for the respondents, Sri J. Bhalla, and the Chief Conservator Forest personally have given undertaking that interim pension including arrears up-to-date shall be paid to the petitioner within seven days and this case may be listed thereafter. It is prayed that if this payment is made within seven days as above, it may not be considered necessary for the Chief Conservator Forest to appear on the next date. The respondent Nos. 1 and 2 are directed to pay the entire amount of Interim pension including arrears up-to-date by 4-3-1992 and this case be listed on 5-3-1992. If the payment is so made it will not by necessary for the Chief Conservator Forest to appear on 5-3-1992." In pursuance of the above order petitioner was paid a sum of Rs. 37,835.00 and he was also paid the provisional pension for six months only. According to the petitioner, the above payment was not in full satisfaction of the arrears of pension and other benefits." He accordingly filed an application dated 24-3-1993 supported by an affidavit to summon the concerned officer in order to ensure the compliance of this Courts order and the undertaking given by respondents before this Court. There is another application dated 24-8-1993 for issuing appropriate direction for complying with this Courts orders referred to hereinbefore. Further prayer for direction for payment of pension etc. was also made. The prayer in these applications is for compliance of the orders of this Court already passed in this writ petition. To this end the application is not even necessary as It is the duty of this Court to see that its orders are complied with.;