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Judgment
Subhash B. Adi
Sri. B.L. Sanjeev, learned counsel is directed to take notice for the respondent. Heard the learned counsel for the petitioner and the learned counsel for the respondent.
Petitioner has sought for a direction to the respondent to calculate and pay D.A. arrears from 1995 to 1999 with interest at 9% till the date of payment.
The grievance of the petitioner is that, the petitioner was dismissed from service on 25.03.1999 by the respondent. In this regard, he had raised a dispute in I.D. No. 177/1999 before the Labour Court and the Labour Court, by its award dated 20th December 2011, modified the order of dismissal into removal. Aggrieved by the said award, the petitioner had filed a writ petition before this Court in W.P. No. 2833/2002 and same was dismissed as withdrawn. Petitioner withdrew the writ petition on the ground that the respondent-Corporation would consider his request for release of the monetary benefits. As such, the petitioner has claimed the monetary benefit.
Learned counsel for the respondent-Corporation submits that, admittedly, earlier writ petition has been dismissed and petitioner has been removed from service. If there is any arrears to be paid to the petitioner, if an appropriate representation is made, the Corporation will consider the same. Having regard to these circumstances, the petition is partly allowed. The petitioner is permitted to make appropriate representation to the respondent. If such representation is made, the same may considered by the respondent as early as possible not later than two months from the date of receipt of copy of this order.
