- (1.) J. C. S. Rawat, J. The respondent No. 1-Shiv Singh Bisht has filed a Claim Petition before the Public Service Tribunal for seeking following reliefs : " (i) That the Hon'ble Tribunal may be pleased to direct the opp. parties to direct the opp. parties to make payment of arrears of salary pension gratuity amount of commutation the amount of 10% retained G. P. F. arrears of interim relief and D. A. selection grade, and also to refund the amount of security deposited with the opp. parties alongwith interest at the rate of 18% per annum. (ii) That the petitioner may be granted any other relief which the Hon'ble Tribunal may deem proper in the circumstances of the case. (iii) That the cost of this petition be also awarded to the petitioner. "
(2.) BRIEF facts, relevant for deciding the writ petition, are that the respond ent No. 1 -Shiv Singh Bisht, retired from the post of Forest Ranger in the year 1986. After his retirement, he was not paid any pension, gratuity and other admissible dues. Feeling aggrieved by the above, the respondent No. 1-Shiv Singh Bisht has filed a claim petition before the Tribunal. The petitioners-State filed their written statement and counter affidavit in which they have not denied the liabil ity to pay the arrears of increased pay and entitlement of increased pension to the respondent No. 1-Shiv Singh Bisht. It was further alleged that the claim for selection grade, payment of G. P. F. and other arrears are being processed for the payment. The petitioners had only dis puted the payment of security and gra tuity on the ground that there was re covery of Rs. 33,1951- against the re spondent No. 1 Shiv Singh Bisht on ac count of the losses incurred to the Gov ernment due to his negligence. The amount of the gratuity and the amount of the security was Rs. 28,875/- and Rs. 4,320/- respectively as shown in annexure 6 to the affidavit of the peti tioners filed in writ petition. Thus, the total amount which was to be paid to the claimant was Rs. 33,195/- out of which Rs. 26,064/- was to be deducted as loss to the Government due to the negligence of the respondent No. 1 -Shiv Singh Bisht. The learned Claim Tribunal af ter hearing the parties allowed the Claim Petition.
(3.) FEELING aggrieved by the said judg ment and order, the present writ petition has been filed by the petitioners-State to quash the order dated 30-09-1994 of Public Services Tribunal in Claim Peti tion No. 69/11/1990 under Article 226 of the Constitution of India. Heard Mr. J. P. Joshi, Chief Standing Counsel for the petitioners and Mr. B. M. Pingal, Advocate on behalf of Mr. Vivek Shukla, Advocate for the re spondent No. 1.;