- (1.) Instant intra court appeal has been filed on behest of the employer, Food Corporation of India assailing order of learned single Judge dt. 30.6.2004 where it has been held that the respondent employee now (deceased) is entitled for post retiral benefits admissible to the employee of the Central Govt. w.e.f. 1.4.1985 and the payments already made towards retiral benefits shall be adjusted against pension and the remaining payments shall be made to the employee in accordance with law.
(2.) The judgment of the learned single Judge impugned herein came to be challenged in special appeal before this Court. However, the parties have shown their agreement that controversy raised has been decided by the Division Bench of this court in Food Corporation of India Vs. SS Agarwal,1999 3 WLC(Raj) 616, and the only grievance shown by counsel for appellant earlier before the Division Bench was that date of retirement as claimed by the employee was 31.3.1985, however, in fact it was 28.2.1985 from the available records and the Division Bench was also of the view that date of retirement of the deceased employee was 28.2.1985 and accordingly with this modification the special appeal preferred by the appellant came to be disposed of vide judgment dt. 23.8.2006.
(3.) As reveals from the record that despite consent of the Corporation at one stage being recorded and the controversy was put to rest by the Division Bench of this Court in the light of the judgment of SS Agarwal , still the Corporation preferred special leave to appeal before the Apex Court where it was brought to the notice of the Apex Court that the controversy which was decided by the Division Bench in the case of SS Agarwal was not applicable in the facts of the instant case and concession recorded by the counsel requires reconsideration.;