THE HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.19446 of 2007 ORDER: The writ petition is filed seeking a Mandamus declaring action of the respondents in not considering case of the petitioner for payment of retirement benefits to a sum of Rs.5,23,039-75 paise (i.e., towards difference amount of salary for the period from 28.02.2004 to 31.07.2007 i.e., Rs.1,62,524/- plus interest thereon of Rs.1,63,170/-, leave salary of Rs.56,000/-, Gratuity amount of Rs.1,41,345.75 paise) in terms of G.O.Ms.No.226, dated 29.06.2005, as arbitrary, illegal and consequently, direct the respondents to pay retirement benefits to the petitioner. Brief facts of the case are that petitioner was initially appointed as Clerk in third respondent-bank and thereafter, promoted as Secretary. Ultimately, he retired on 31.07.2007. Before his retirement, the third respondent-bank passed a resolution, dated 22.06.2007, fixing the salary of the petitioner at Rs.7,000/-, since he had completed 25 years of service as per G.O.Ms.No.226, dated 29.06.2005. However, it appears that after his retirement, the third respondent-bank passed another resolution in the month of August, 2007 i.e., on 03.08.2007, stating that the petitioner is entitled to salary of Rs.6,000/- and not Rs.7,000/- and thus, all retirement benefits were settled treating his salary as Rs.6,000/-. Now, the grievance of the petitioner is that the respondents ought not to have passed a resolution, dated 03.08.2007, after his retirement and apply the same to him, stating that he is entitled to salary of Rs.6,000/- and not Rs.7,000/-. The passing of the resolution in the month of August, 2007 by the respondents, i.e., after the retirement of the petitioner, deciding the salary of the petitioner at Rs.6,000/- without issuing any notice to him is ex facie illegal and therefore, the same is liable to be declared as arbitrary and illegal. Under these circumstances, I am of the opinion that the respondents need to calculate all the retirement benefits of the petitioner treating his salary as Rs.7,000/-. Accordingly, the writ petition is disposed of directing the respondents to treat the salary of the petitioner as Rs.7,000/- and pay the difference of amount towards the salary as well as other retirement benefits and complete the said process within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ JUSTICE C.V.RAMULU 2nd June 2010 dr