1 gS.B. CIVIL WRIT PETITION NO.5749/2006 (Chander Pal Singh vs. State of Raj. & Ors.) Date of Order :: 12.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.B.Bhushan Singh, for the petitioner. Mr.Arjun Singh, Dy. Govt. Advocate. In this writ petition, the petitioner has prayed for direction to the respondents to finalize his retiral benefits after fixation of his pay by giving benefits of selection pay scale, revision of pay scale under the Revised Pay Scale Rule, 1998 and annual grade increments. Further it is prayed that respondents may be directed to pay arrears of pay with interest @ 9% per annum. It is also prayed that respondent No.5 may be directed to decide/dispose of the appeal filed by the petitioner within stipulated period. Brief facts of the case are that petitioner was appointed as work supervisor in the respondent-department and in the year 1982 he was allowed pay scale of Rs.355-570. Thereafter, pay scale granted to the petitioner was changed to the pay scale of Rs.385-650 and vide order dated 04th November, 1982 Annexure-2, it was specifically ordered that word Work Supervisor now be read as Supervisor. The pay scale granted to the petitioner in the pay scale of 385-650 was taken back by the respondent-department 2 vide order dated 02nd September, 1993 (Annexure-P/5). The said order was challenged by the petitioner by way of filing a writ petition before this Court. The said writ petition filed by the petitioner was registered as S.B. Civil Writ Petition No.639/1994. In the said writ petition, effect and operation of the impugned order was stayed and writ petition was disposed of with the direction to transfer the said writ petition to the Rajasthan Civil Services Appellate Tribunal on the ground that alternate remedy by way of filing an appeal is available to the government employee. After transfer of the matter, Rajasthan Civil Services Appellate Tribunal registered the said appeal and issued notice to the respondents again. The said appeal was registered as Appeal No.149/2005 (old Appeal No.439/2001). It is contended by learned counsel for the petitioner that the said appeal is still pending and tribunal is not deciding the appeal. It is further contended that petitioner was superannuated after attaining superannuation age on 31st July, 2001 and till today respondents are not finalizing his pension case and not granting retiral benefits, so also, other dues for want of decision in the appeal by the Tribunal. In this case, appeal against the order Annexure-5 is still pending before respondent No.5 - Rajasthan Civil Services Appellate Tribunal, therefore, the case of the petitioner for releasing pension, so also, other dues is not finalized by the 3 respondents. In my opinion, directions are required to be given to the Rajasthan Civil Services Appellate Tribunal, to decide the said appeal pending since 2001. In this view of the matter, the Rajasthan Civil Services Appellate Tribunal, Jaipur is directed to decide the appeal No.149/2005 (old Appeal No.439/2001) pending since 2001 within a period of three months from today and after decision of the appeal, respondents shall finalize the case of the petitioner with regard to releasing pension and other retiral benefits within a period of three months from the date of submitting certified copy of the judgment of Tribunal. If retiral benefits will not be given to the petitioner within the stipulated time, then the petitioner will be entitled for 6% interest. Accordingly, the writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-