D.N.PATEL,J. - (1.) Having heard counsel for both sides and looking to the facts and circumstances of the case, it appears that earlier a writ petition being W.P.(S) No. 1881 of 2002 was instituted for getting several reliefs including pensionary benefits, challenging its calculation and dearness allowance etc. from certain cut off date. The matter was decided by the learned Single Judge vide order dated 17th November, 2005 (Annexure-1).
(2.) It further appears from the facts of the case that the said judgment was challenged by the Central Coal Field Limited in Letters Patent Appeal No. 228 of 2004. The Division Bench of this Court decided the said Letters Patent Appeal vide judgment and order dated 19th August, 2005 (Annexure-1). The direction given by the Division Bench of this Court in paragraph No. 21 reads as under:- "21. Consequently, in our view, the members of the appellant Association were entitled to any increase in the dearness relief as might have been recommended by the Wage-Board after the year 1991 and the respondents were not justified in withholding such benefits from the members of the appellant Association. Therefore, the appeal must succeed. The judgment and order of the learned Single Judge is set aside with a direction upon the respondents to fix up pension payable to the members of the appellant Association on the basis of the recommendations made by the Wage Board after 1991 and to pay to them revised pension and arrears on such basis." (Emphasis Supplied)
(3.) In view of the aforesaid directions given by the Division Bench of this Court, the respondents have calculated the pension on the basis of office memorandum dated 2nd May, 2001 (Annexure-6). It also appears from the facts of the case that as per aforesaid direction given by the Division Bench of this Court, the recommendation of the Wage Board was to be appreciated and the respondents have also paid dearness allowance to non-executive officers with effect from 1.7.1996 and to executives with effect from 1.1.1992.;