IMPORTANT POINT
The duty of parties to make full and correct disclosure of material facts when approaching the court, and the consequences of suppressing material facts in legal proceedings.

JUDGMENT :

1. By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus, or any other appropriate writ, order and/or directions, directing the respondents to pay to the petitioner interest @ 18% p.a. on the legitimate retiral dues of the petitioner from 1.2.2005 till the actual date of payment made to the petitioner.

(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus, or any other appropriate writ, order and/or directions, directing the respondents to exempt the petitioner from passing of departmental examination on his attaining age of 45 years and consequently direct the respondents to release all increments and consequential benefits to the petitioner after giving increments from the completion of 45 years till his retirement and refix his pay and accordingly pay him arrears due and payable on such refixation and revise his retirement benefits and pension accordingly.

(C) Pending admission hearing and till final disposal of the present petition, Your Lordships may be pleased to direct the respondents, their agents and servants to forthwith fix adhoc revised pension of the petitioner considering the increments and refixation.

(D) Your Lordships may be pleased to pass such other and/or further orders as may be deemed fit, just and proper in the interest of justice.”

2. The brief facts giving rise to the present petition are that, the petitioner belongs to Scheduled Caste and he is constrained to approach this Court being aggrieved and dissatisfied by the non-payment of amount of interest on the outstanding amount of Gratuity, Commuted Pension, G.P.F., Leave Encashment of 300 days, Balance amount of Pension, Suspension allowances and other dues. It is the say of the petitioner that the petitioner was all throughout discriminated in service and the said discrimination continued even after his retirement and the respondents have not paid him the legitimate amount of interest on his legal dues. It is the case of the petitioner that, while he was serving at Mahemdabad, one criminal case came to be filed against him in which he was acquitted by the Trial Court as well as by this Court. That due to frequent transfers and on account of the mental stress and harassment, the petitioner was not able to concentrate on his studies and was unable to clear internal departmental examination. That on account of his non-passing of the departmental examination, the petitioner was not granted increments and has suffered huge financial loss. The petitioner thereafter, filed Special Civil Application No.14015 of 2012 before this court which was disposed of on 18.06.2013 with a direction to make representation and respondents were directed to consider the representation. However, the respondent authority passed the order without properly appreciating the representation and rejected the representation on erroneous grounds.

2.1 Being aggrieved and dissatisfied with the same, the petitioner has preferred this petition under Article 226 of the Constitution of India. with the aforesaid prayers.

3. Heard learned advocate Mr.Premal Joshi, appearing on behalf of the petitioner and learned Assistant Government Pleader Ms.Dharitri Pancholi, appearing on behalf of the respondent – State Authorities.

4. Learned advocate Mr.Joshi has submitted that so far as the suppression of material facts is concerned, it has no relevance and no bearing on the prayers made in the present petition. He has submitted that the prayers made in the present petition is that the petitioner retired from the service and under the circumstances the retiral dues were not paid to the petitioner at the time of retirement. He has submitted that inspite of the representation made by the petitioner to the respondent authorities, as per the directions of this Court in Special Civil Application No.14015 of 2012 filed by the petitioner, the respondent authoriti