JUDGMENT

1. This application was initially filed for the following reliefs:

"(i) For issuance of an order, direction or writ including writ in the nature of mandamus commanding the respondents to make payment of entire salary with consequential benefits from 01.10.2008.

(ii) For issuance of an order, direction including writ in the nature of mandamus commanding the respondents to make payment of monthly pension regularly month to month on the 1st of every month,

(iii) For issuance of an order, direction or writ including writ in the nature of mandamus commanding the respondents to payment of gratuity with interest from the date it was due i.e. 31.08.2016 till the date of payment is made.

(iv) For issuance of an order, direction or writ in the nature of mandamus commanding the respondents to make payment of leave encashment with interest at the market rate from the date it was due till the date payment would be made.

(v) For issuance of an order, direction or writ in the nature of mandamus commanding the respondents to make payment of provident fund with interest at the market rate from the date it was due till the date payment would be made.

(vi) For issuance of an order, direction or writ in the nature of mandamus commanding the respondents to make payment of Group Insurance with interest at the market rate from the date it was due till the date payment would be made.

(vii) For issuance of an appropriate declaration holding that the petitioner was entitled for grant of pension, gratuity, leave encashment amount immediately after quashing the order of major punishment passed in C.W.J.C. No. 19280 of 2015 dated 10.04.2018.

(viii) For issuance of an appropriate declaration holding that the petitioner is entitled for payment of interest as the delay has been caused due to the indifferent attitude of the respondents.

(ix) For any other relief/reliefs to which petitioner may be found entitled in the facts and circumstances of the present case."

2. On 25.06.2019 when the writ application was taken up for consideration, the respondents were directed to file their counter affidavit. On 09.01.2020, a learned Bench of this Court directed the respondents to file an affidavit explaining as to whether the pension of the petitioner has been fixed on the basis of his last pay scale on the date of superannuation. In fact, the court directed the authorities to ensure that the payment is made to the petitioner in the correct scale to which he was entitled. The court also observed that under the normal circumstances the pension is relatable to the last pay drawn on the date of superannuation.

3. As the hearing in the matter progressed, on 03.07.2020 learned A.C. to learned G.P. 19 informed this court that final order has been passed in the disciplinary proceeding and he undertook to file a supplementary affidavit in this regard. At this stage, the petitioner filed his fourth supplementary affidavit in which it was disclosed that the respondent authorities had issued memo no. 2832 dated 10.08.2020 (Annexure 11' to the supplementary affidavit) whereby the following punishments were imposed:-

(i) From the date of issuance of notification 100% pension of the petitioner has been permanently stopped;

(ii) The 10% of the withheld pension and gratuity shall not be paid;

(iii) For the suspension period except the subsistence allowance no other benefit would be paid;

(iv) Since the petitioner has retired on 31.08.2016, his suspension is revoked with effect from the said date.

4. The petitioner, thereafter filed Interlocutory Application No. 01 of 2020 with a prayer to amend the writ application to challenge the memo no. 2832 dated 10.08.2020 (Annexure 12' to the IA. No. 01/2020) by which major punishments were inflicted upon the petitioner.

5. The petitioner also prayed for a direction to pay the arrears of salary to the petitioner from 30.09.2008 till the date of his retirement i.e. 31.08.2016 in different level and lastly at level 11 as per pay scale matrix (Annexure