Mohammad Rafiq, J. - (1.) Petitioner has filed this writ petition with prayer that Respondents may be directed to give him pension in letter and spirit of judgment dated 10.06.1997 of Rajasthan Civil Services Appellate Tribunal, Jaipur (for short, 'Tribunal') and order of this Court dated 18.04.2002 in Writ Petition No. 1904/2002.
(2.) Learned Counsel for Petitioner submitted that Petitioner was initially appointed as Helper in Public Works Department of State Government on 01.05.1961 on work -charge basis; he was subsequently taken on regular establishment on 01.09.1972. Petitioner was denied benefit of selection scales on completion of 9, 18 and 27 years of service in terms of government circular dated 25.01.1992, with effect from date of his regularization i.e. 01.09.1972. He filed appeal before Tribunal claiming said benefit of selection scales and benefit of earned leaves encashment. Petitioner stood retired 29.02.2000. Tribunal allowed appeal by its judgment dated 10.06.1997 directing Respondents to grant him benefits as prayed for. When compliance of judgment of Tribunal was not made by Respondents, Petitioner filed contempt petition whereas Respondents filed application for clarification thereof. Tribunal, by its order dated 10.05.1999, however, diluted its judgment by changing date from which benefit of selection scales was to be granted to Petitioner. Aggrieved thereby, Petitioner approached this Court by filing writ petition No. 1904/2002, which was allowed by order dated 18.04.2002 directing Respondents to make compliance of original judgment of Tribunal and grant benefit of selection scales to Petitioner by counting his service from date of his regularization on completion of ten years of service i.e. 01.09.1972.
(3.) Learned Counsel for Petitioner has submitted that compliance of aforesaid judgment has so far not been made by Respondents and that Petitioner under threat, that certain amount would be recovered from him, was made to submit an affidavit to Respondents that benefit of selection scale for earlier period may be given on notional basis and actual payment may be made from 01.01.1998. Learned Counsel submitted that once judgment of this Court attained finality, there is no excuse for Respondents not to comply with same. Learned Deputy Government Counsel opposed writ petition and submitted that Petitioner submitted an affidavit to Respondents in which he submitted that pay fixation has been revised and in pursuant thereto recovery is to be made and therefore while maintaining earlier pay fixation he should be paid regular benefit with effect from 01.01.1998 and in terms thereof selection scale of Petitioner has been revised and third selection scale was paid to Petitioner with effect from 05.05.2000. There is no illegality in exercise of powers by Respondents.;