1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.468 OF 2001 Dr.(Lt.Col.) Vijay Seshan, presently working as Senior Consultant in Medicine, Indira Gandhi Memorial Hospital, Male, Republic of Maldives, Indian National and permanent resident of Flat No.9, C-16, Taruban Shobha Society, Jeevan Bima Nagar, Borivali (W), Mumbai – 400 103. ..... Petitioner V/s. 1. Union of India through the Secretary, Ministry of External Affairs, Government of India, South Block, NEW DELHI – 110 001. 2. High Commissioner for India Male, Republic of Maldives ..... Respondents Mr.Ramesh Ramamurthy, for the petitioner. Mr.P.P.George a/w R.R.Shetty, for the respondents. CORAM : P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 28TH APRIL, 2009. ORAL JUDGMENT : - 1. By way of this petition, the petitioner has prayed that the 2 respondent No.1 should be directed to pay to the petitioner the benefit of 5th Pay Commission and other dues which the petitioner is entitled to. 2. It is pointed out to the Court that during the pendency of the petition, the petitioner has already been given benefit of 5th Pay Commission and the amounts have been given to him in part in the year 2002 and 2004. Accordingly, whatever amount the petitioner was entitled to, has been paid to him. In the affidavit-in-reply, it is stated that the petitioner has already been given benefit of 5th Pay Commission as well as non-practicing allowance has been paid to the petitioner. It is further stated in the affidavit-in-reply that all the arrears have been paid to the petitioner. 3. The petitioner was re-employed by the Ministry of External Affairs after the petitioner retired from the military service and by an order dated 18-10-1994 the petitioner was appointed on deputation at Indira Gandhi Memorial Hospital, Male, as Senior Consultant (Medicine). The petitioner completed five years of service in the year 1999. The learned counsel for the petitioner submitted thereafter, the petitioner has been directly appointed by the Maldives Government at the said hospital. 4. It is not in dispute that the petitioner was given salary in dollars while he was in service. Whatever amount petitioner was entitled to as per the 5th Pay Commission have been paid by the respondent No.1. Substantial grievance made by the petitioner has been met with by the 3 respondent No.1 – Union of India. According to the petitioner, still some amount is outstanding towards the Foreign compensatory allowance, etc., and the interest on delayed payment. It is required to be noted that no rejoinder has been filed to the affidavit-in-reply filed by the respondents, pointing out that all the dues have been paid. Considering the said aspect of the matter, if there are any dues payable to the petitioner by the respondent No.1 or for demand of interest between the year 1996 to 1999, the petitioner is permitted to make appropriate representation to the Ministry of External Affairs, who is appointing authority. If any representation is made by the petitioner in this behalf, the Ministry of External Affairs may take appropriate decision in accordance with law expeditiously within a period of six months from the receipt of the representation. Whatever decision which will be arrived at by the said Ministry, may be communicated to the petitioner forthwith. 5. Subject to what is stated above, the petition is disposed of. Rule discharged. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )