K. BHATNAGAR, J. - (1.) IN this writ petition, the petitioner has sought direction to the respondents to finalise his pension case and grant him pension and gratuity immediately and interest at the rate of 18% per annum on the amount falling due.
(2.) THE petitioner was retired on attaining the age of superannuation on 31st of August 1984. He has not been paid any amount towards pension and gratuity. Notices were issued to the respondents. On 26-9-1988, the learned Deputy Government Advocate prayed for adjournment for filing reply. THE case was adjourned with a direction that if the learned Deputy Government Advocate wants to file the reply, he shall file the reply before the next date and will supply a copy of the reply to Mr. M. R. Singhvi, learned counsel for the petitioner, in advance. It was also ordered on that day that the writ petition will be heard for final disposal at the admission stage on the adjourned date. Mr. Hemant Chaudhary, learned Assistant Government Advocate, submits that the reply could not be filed and the matter may be heard for final disposal today. Heard learned counsel for the parties. It is pertinent to note that the petitioner was retired on 31st of August 1984 and neither his pension case has been granted nor has he been granted any provisional pension as yet. Evidently, the petitioner has to face great financial difficulty to maintain himself and his family. In such circumstances, we direct the respondents to finalise the case of the petitioner regarding his pension and gratuity within a period of three months from today". The respondents are also directed to start paying provisional pension to the petitioner according to Rules from the first of December, 1988. It is further ordered that when the pension matter is finalised and the amount of pension and gratuity to be paid to the petitioner, is calculated, he shall be entitled to interest @ 9% per annum on the arrears of pension and gratuity from the first of January, 1985. The petitioner shall also be entitled to costs of this writ petition which we assess to be Rs. 1,000/ -. The writ petition stands disposed of accordingly. . ;