Judgment:
Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus, to call for records in reference No.1340/Estt./AGB/2008 dt. 17.09.2008 on the file of the third respondent and to quash the impugned letter in reference No.1340/Estt./AGB/2008 dated 17.09.2008 on the file of the third respondent and direct the third respondent to revise the pay at Rs.5300/- in the scale of pay of Rs.5000-150-8000 upto March 1996 and Rs.5450/- from 1.4.1996 upto the date of retirement i.e.30.6.1996 and consequent to revision of pay.
O R D E R
1. Heard the learned counsel appearing for the petitioner, as well as the learned counsel for the respondents.
2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had placed before this Court the proceedings, dated 31.03.2008, issued by the first respondent, fixing the pension payable to the petitioner. He had further submitted that the petitioner had not challenged the said proceedings till date. The learned counsel appearing on behalf of the petitioner had submitted that the proceedings, dated 31.03.2008, issued by the first respondent, had not been communicated to the petitioner and therefore, the petitioner had no opportunity to challenge the same.
3. The learned counsel appearing on behalf of the respondents is not in a position to show that the proceedings of the first respondent, dated 31.03.2008, had been communicated to the petitioner. However, a copy of the said proceedings had been handed over to the learned counsel for the petitioner, by the learned counsel appearing on behalf of the respondents. In such circumstances, this Court finds it appropriate to permit the petitioner to raise all the grounds available to him, before the appropriate forum, while challenging the proceedings of the first respondent, dated 31.03.2008, as per the procedures established by law.
4. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.