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Judgment
17 paragraphs · 309 wordsJASWANT SINGH, J.(ORAL)
Petitioner retired as Clerk from the office of Municipal Council, Mansa has filed the present writ petition under Article 226/227 of the Constitution
seeking issuance of writ in the nature of Mandamus directing the respondents to treat the suspension period as duty period for all benefits of pay and
allowances and retiral benefits as per resolution no.359 dated 30.07.2012 passed by respondent no.4 and approved by respondent no.3 and further
prayer is for directing the respondents to pay the entire/balance retiral benefits to the petitioner on pay of Rs.19980/-amounting to Rs.9,10,699/- by
treating the suspension period as duty period as per resolution dated 30.07.2012 passed by the respondent no.4 and even implemented by respondent
no.3 but respondent no.3 had paid the retiral benefits on pay of Rs.18,960/- amounting to Rs.7,50,053 and thereby wrongly and illegally withheld the
arrears without any reason. Further prayer is made for release of full pay and allowances and all other consequential benefits of suspension period
from 5.9.1990 to 2.7.1997 as per the resolution dated 30.07.2012 passed by the Muncipal Council Mansa and approved by respondent no.3. Further
prayer is made for release of arrears of pension from 01.10.2012 to 31.08.2013 and committed value of pension amounting to Rs.5,90,419/- as
admitted by respondent no.3 and lastly prayer was made for payment of revised pensionary/retiral benefits after the revision of the pay scales w.e.f.
01.01.2006
At the time of hearing, learned Counsel for the respondent no.4 submits that the present writ petition has become infructuous since the necessary
benefits as prayed for in the petition have been granted to the petitioner.
Learned Proxy Counsel for the petitioner conceded to the aforesaid submission made on behalf of respondent no.4.
In view of the aforesaid agreed stand, present writ petition is hereby dismissed as infructous as the necessary benefits have been granted to the
petitioner.