Hon’ble Mahesh Chandra Tripathi, J.—Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. By means of present writ petition, the petitioner has prayed for quashing the charge-sheet dated 29.6.2001 (Anneuxre No. 1 to the writ petition); the order dated 17.8.2001 passed by respondent No. 1 (Annexure No, 8 to the writ petition) and to direct the respondents to pay the pension and other retiral benefits including salary of June, 2001 to him.

3. By the amendment application allowed on 14.5.2002, the petitioner has also prayed for quashing the order dated 16.3.2002 (Annexure-11 to the writ petition) and to direct the respondents to pay pension, gratuity and other retiral benefits in the Pay-scale of Rs. 1350-2200 in accordance with law. By another amendment application allowed on 16.2.2005, he has also prayed for quashing the order dated 24.6.2002 (Annexure-12 to the writ petition).

4. It appears from the records that vide order dated 25.5.1968 passed by the District Magistrate, Etawah, the petitioner was appointed on the post of Bhumi Bhawan Kar Amin in the Collectorate. After some time the post of Bhumi Bhawan Kar Amin was abolished, and the petitioner was posted on various other posts in the Collectorate. Ultimately he was appointed as Clerk in the pay-scale of Rs. 354-550 on 25.5.1973, and since then he was discharging his duties continuously. In the year 1987 he was promoted as Clerk Grade-II in the pay-scale of Rs. 1200-2040. By order of the District Magistrate dated 3.4.1992 the petitioner was promoted from pay-scale of Rs. 1200-2040 to the pay-scale of Rs. 1350-2200 on the recommendation of Selection Committee. Since the year 1992 he was working as Clerk in First Grade pay-scale. He retired on 30.6.2001 after attaining the age of superannuation.

5. After retirement of the petitioner, he was served with the charge-sheet dated 29.6.2001 alleging that his initial appointment as Bhumi Bhawan Kar Amin in the year 1968 was irregular. The petitioner had given his reply on 27.7.2001 to the charge-sheet dated 29.6.2001 stating that the charge-sheet was given to him after about 15 years only to harass him. The respondent No. 4 passed an order on 17.8.2001 stating that the petitioner is entitled for Clerical II Grade in pay-scale of Rs. 1200-2040 only and he was wrongly given the pay-scale of Rs. 1350-2200 and cancelled the order of the then District Magistrate dated 30.4.1992, by which the petitioner was given the pay-scale of Clerk 1st Grade. On 25.8.2001 he received an office order dated 17.7.2001, by which Shri Udai Bhan Tripathi, Sub Divisional Magistrate was appointed as enquiry officer. On 17.8.2001 the respondent No. 1 had taken a decision that the petitioner is not entitled for 1st Grade Pay-scale, giving rise to the writ petition.

6. On 15.10.2001 this Court passed following orders :

“Advocates are agitating on the issue of creation of a Bench of the High Court in Western U.P. Petitioner has appeared in person.

Heard and perused the record.

Admit.

Issue notice.

Respondents may file counter-affidavit within two months. Rejoinder-affidavit, if any, may be filed without within one month of the receipt of the counter-affidavit.

Stay application shall be listed immediately thereafter.

Until further orders, it is directed that respondents may proceed with the disciplinary inquiry and shall complete it expeditiously, preferably within six months.

It is further directed that petitioner shall be provisionally paid his pension in the meantime without one month of receiving a certified copy of this order.”

7. Inspite of the aforesaid interim order, the respondents did not conclude the enquiry and by the impugned order dated 16.3.2002 the respondents in most illegal and arbitrary manner fixed the final gratuity of the petitioner of Rs. 18,900/- after deducting from the total amount of Rs. 1,04,375/-. The respondents fixed the pension of the petitioner at Rs. 1965/- stating that the service