2.The learned counsel appearing for the petitioner would submit that the petitioner was working as Conductor (PR.No.5720) in the 2nd respondent office and retired from the services on 31.05.2016 on attaining the age of superannuation. The 1st respondent did not include the petitioner's service for calculating pension from the date of joining service with respondent on 10.07.1986. The petitioner was discharged from service on 05.05.1997 due to medical unfitness which the board declared that he was unfit to work as conductor. The 2nd respondent instead of giving alternative employment discharged the petitioner from the service and did not consider his representations made to the respondents to give suitable alternative job. Only after 3 years, the petitioner was given alternative employment as helper as a fresh entrant on 03.04.2000. Aggrieved by the said employment, the petitioner filed W.P.No.5543 of 2009, which was allowed and the respondents were directed to give continuity of service with all pay protection. The respondents did not count the petitioner's past service from the date of his initial appointment that is from 28.05.1987 till the date of re-appointment as helper on 03.04.2000 and calculated pension for the period only from 03.04.2000 till the date of superannuation. Thereafter, the petitioner made several representations to the respondent to pay salary for the period which the respondent failed to give alternative employment. Though the petitioner was retired on 31.05.2016, the 1st respondent had not chosen to settle his retirement benefits giving the reason 'paucity of funds'. The 1st respondent had chosen to disburse part of the retirement benefits and failed to disburse the balance retirement benefits till date. Hence, this petition.
