- (1.) LEARNED counsel appearing on behalf of the petitioner vehemently submitted that there are errors in fixing the amount of pension of the petitioner and likewise, the benefit under the Assured Career Progression Scheme is also not given, 2nd Time Bound Promotion was wrongly withdrawn vide order at Annexure 3, without giving an opportunity of being heard to the petitioner and several other prayers have been made in the prayer of the writ petition, like 40% commutation and other benefits have also not been paid to the petitioner.
(2.) LEARNED counsel for the petitioner vehemently submitted that before passing the order at Annexure 3 dated January 7, 2004, no opportunity of being heard to the petitioner was given by the respondents. Learned counsel for the petitioner is also relying upon a decision, rendered by this Court, as reported in 2007(4) JLJR 466, as also upon a decision, rendered by the Hon'ble Supreme Court, as reported in 2009(2) JCR 18(SC) and submitted that a direction may be given to the concerned respondent authorities to treat this writ petition as a representation, by quashing the order as Annexure 3, so that, an opportunity of being heard may be given to the petitioner and the decision may be taken upon all the prayers, prayed for in the memo of present petition, afresh, within stipulated time and keeping in mind the aforesaid two judgments and other documents, which may be presented by the petitioner at the time of hearing, which will be now given by the concerned respondent authorities.
(3.) I have heard learned counsel for the respondents, who has submitted that a mistaken benefit, given to the petitioner, has been withdrawn and, thus, no illegality has been committed by the respondents, nonetheless, if a direction is issued by this Court, the respondents will treat this petition as a representation and will decide the same within a stipulated time, after giving an opportunity of being heard to the petitioner or to his representative.;