Biswas, J. - (1.) This is an application by State (the appellants) for reconsideration and clarification of order dated September 10th, 2003 modifying (on an application by FCI, a respondent in the appeal as well as in the writ petition) the order dated January 8th, 2003 disposing of the mandamus appeal.
(2.) The learned single judge allowed the writ petition (filed by the first respondent in the appeal in 1989) by judgement and order dated July 16th, 2001 quashing the disciplinary proceeding initiated in 1988 and directing State and FCI to pay all benefits (with interest at the rale of 14% per annum) to the writ petition who was already retired in 1988 as an employer of State working on deputation in FCI.
(3.) By order dated January 8th, 2003 the division bench directed State and-FCI to share the liability, on account of retiral benefits and interest payable thereon, in proportion to their respective pension liabilities. Feeling dissatisfied FCI took out an application contending that since by issuing a letter dated July 26th, 2001 State had already taken responsibility for setting the writ petitioner's pension, gratuity, commutation value, etc., the order should be reviewed to relieve it of the obligation to pay a portion of the liability.;