SBCWP No.3760/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.3760/2002. Ishwari Prasad Vs. Union of India and others Date of order : November 24, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dinesh Yadav for the petitioner. Shri Anudyatri Maitra for the respondents. **** BY THE COURT :- Heard learned counsel for the parties. 2) The writ petition was filed claiming relief that respondents be directed to (1) release withheld pensionary benefits of pay and pension together with interest w.e.f. 15/7/1999 (2) to refund the amount of Rs.1,30,000/- which they illegally recovered from the petitioner pursuant to the order dated 3/8/2001 (3) and that the order dated 8/10/2001 whereby recovery of Rs.63,508/- has been directed to be made, be quashed and set-aside. 3) Learned counsel for the respondents at the outset clarified that amount of Rs.1,30,000/- recovered from the petitioner has now been refunded and the respondents are not pressing for recovery of SBCWP No.3760/02. 2 amount of Rs.63,508/- is concerned. It is stated that petitioner filed appeal against that which was dismissed but the respondents inspite of the aforesaid order, released all retiral benefits of the petitioner pursuant to the order dated 21/12/2001 passed by the Airport Authority of India and as on date, there is no cause of grievance even on this aspect. Learned counsel submits that there is no pension scheme with the Airport Authority of India and therefore petitioner cannot be granted any pension because no employee of the contesting respondent is entitled to receive pension. 4) Learned counsel for the petitioner could not point out any rule or law or scheme according to which, the employees of the Airport Authority of India could be held entitled to receive pension. In the absence of any scheme or rule for grant of pension, no positive direction can be given requiring the respondents to grant pension. 5) No other grievance of the petitioner survives in view of the aforesaid clarification made by the respondents. The petition is therefore dismissed accordingly. (MOHAMMAD RAFIQ), J. anil SBCWP No.3760/02. 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.3523/2002. IN S.B. CIVIL WRIT PETITION NO.3760/2002. Ishwari Prasad Vs. Union of India and others Date of order : November 24, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dinesh Yadav for the applicant-petitioner. Shri Anudyatri Maitra for the respondents. **** BY THE COURT :- Consequent upon dismissal of the writ petition, this stay application is rejected. (MOHAMMAD RAFIQ), J. anil