- (1.) Instant writ petition has been filed by the defendant-petitioners assailing the order dt.23/12/2013 passed by the Appellate Court dismissing the Civil Misc. Appeal No.16/2013 filed by the defendants-petitioners; upholding the order dt.03/09/2013 passed by the trial court, by which the trial court, in a suit filed by the plaintiff-respondent for declaration, permanent and mandatory injunction, while partly allowing the application filed by the plaintiff-respondent under Order 39 Rule 1 & 2 read with Sec. 151 CPC, directed the defendants-petitioners to compute the retiral benefits and pay the same to the plaintiff-respondent within a period of three months subject to the decision of the main suit. It was further directed by the trial court that the defendants-petitioners will not recover the money earlier paid to the plaintiff-respondents but at the same time it was also made clear that defendants-petitioners will be free to rectify the mistake and accordingly make refixation of pay of the plaintiff-respondent & make payment of his retiral benefits.
(2.) The brief facts, as can be gathered on perusal of the material on record including the orders impugned and after hearing counsel for the defendants-petitioners, are that a civil suit came to be filed by the plaintiff-respondent before the trial court for declaration, permanent and mandatory injunction against the defendants-petitioners stating therein that he was initially appointed on the post of LDC vide order No.2246 dt. 01/11/1975 in the defendants-petitioners (corporation) and thereafter confirmed on the said post vide order dt.01/10/1977. The plaintiff-respondent submitted an application dt.28/09/2012 seeking voluntary retirement before the defendant-corporation which was accepted and vide order No.7917 dt.19/12/2012, he was ordered to be retired voluntarily w.e.f. 31/12/2012. It was further stated that since the State Government issued a circular/notification dt.25/01/1992 for according benefit of selection grade on completion of 9, 18 and 27 years of service, the defendant-corporation also issued orders for awarding benefit under the said notification dt.25/01/1992 to its employees and accordingly the plaintiff-respondent was also granted the benefit of first, second and third selection grade w.e.f. 25/01/1992, 11/01/1994 and 11/01/2005 respectively and his pay fixation was also made accordingly.
(3.) It was further stated that despite accepting voluntary retirement, the defendant-corporation did not pay retiral benefits in-spite of repeated requests made and on the contrary issued an order No.1486 dt. 05/03/2013, by which, while cancelling/withdrawing the earlier order of granting selection grade to the plaintiff-respondent, the first selection grade on completion of 9 years of service was granted w.e.f. 26/02/1997 in place of 25/01/1992; second selection grade on completion of 18 years of service w.e.f. 26/12/2009 in place of 11/01/1994 and thereafter vide order No.2247 dt. 25/04/2013 refixation of pay was made and salary of the plaintiff-respondent was fixed at Rs.17,140/- in place of 22,000/- and in such circumstances, finding no alternative, this action of the defendants-petitioners was challenged by the plaintiff-respondent by filing the suit, referred to supra.;