The India Federation Of Portand Dock v. Ministry Of Surface Transport And ORS

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P. No. 21335 of 2002 O R D E R:- This writ petition is filed for the following substantive relief:

" ....to issue an order in the nature of Writ of Mandamus declaring the action of the 1st respondent in not converting from point system into percentage system not even rectifying dropping pension, as illegal, improper and arbitrary and consequently to restore the previous system holding that the pensioners are entitled to arrears of pension."

The learned counsel for the petitioner - association contends that in pursuance of the interim direction granted by this Court, by order dated 28.10.2002 in W.P.M.P.No. 26702 of 2002, the respondents have extended the relief to the petitioner, vide Proceedings dated 24.07.2008 issued by the 1st respondent. He further contends that though the benefit is extended to the petitioner that is not being merged with the main pension benefits.

If that be the case, the petitioner is at liberty to submit a representation to the respondents seeking merger of the benefits with pension benefits, and on such representation being filed, the respondents shall consider the same and pass appropriate orders thereon, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

AKS,J WP_21335_2002 With the above observation, the writ petition is disposed of. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_______________________ ABHINAND KUMAR SHAVILI, J 25-10-2018 bcj