JUDGMENT :

1. The petitioner has prayed for pension benefits on the ground that he has been granted gratuity for the services rendered by him.

2. The petitioner was appointed as a driver with respondent-Municipality in the year 1982 and on reaching the age of superannuation, the petitioner retired from service with effect from 14.5.2000.

3. It is the case of the petitioner that after retirement of the petitioner, he was not paid the termination dues including gratuity and pension. The petitioner approached the Controlling Authority under the Payment of Gratuity Act, 1972 for claim of gratuity amount which was allowed vide order dated 16.4.2001.

4. However respondent Nagarpalika did not pay the amount of gratuity of Rs.49,461.30 with 10% simple interest from 14.5.2000 as per the order passed by the Controlling Authority. The petitioner therefore, obtained certificate for recovery and thereafter preferred Special Civil Application No.7311/2001. This Court while disposing of the Special Civil Application directed the respondents to release the payment of gratuity amount to the petitioner which was subsequently paid to the petitioner.

5. Respondent Nagarpalika however did not grant the pens