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Civil Miscellaneous Petition No. K‑82 of 1983 in Civil Appeal No. K‑14 of 1982, decided on 24th April, 1984.

(On appeal from the judgment/order of the High Court of Sind, Karachi dated 10‑9‑1981).

‑‑‑O. XXIII, r.6‑‑Railway employee‑‑Miscellaneous application post hearing of appeal by Supreme Court‑‑Claim about pension, gratuity and other dues‑‑Employer willing to pay tentative amount pending final calculation of actual entitlement‑‑Employee not willing to accept amount below his claim‑‑Court not having determined amount payable, refused to resolve controversy arising in miscellaneous application‑‑Employer permitted to deposit tentative amount in Court for withdrawal by employee, without prejudice to his claim.

Aziz A. Munshi, Deputy Attorney‑General and Faizanul Haq, Advocate‑on‑Record for Petitioner.

Respondent in person.

Date of hearing: 24th April, 1983.

‑‑ Learned Deputy Attorney‑General states that appellant is willing to deposit Rs.12,649 as a part payment towards the arrears of dues payable to respondent up to 31‑3‑1983 and undertakes to deposit Rs.1206.97 per month in Court as the amount of pension subject to the final determination of the amount of pension and other dues payable to respondent. The reason given by the learned Deputy Attorney‑General for this tentative payment is that the final determination is yet to be made for which the necessary particulars are being collected.

The respondent is not willing to accept the amount on that ground that he is entitled to receive about Rs.1400 per month as pension and about Rs.89,000 as arrears of pension, gratuity and other dues.

Since the amount of pension payable to the respondent was not determined in the order of this Court dated 15‑1‑1983, it is not for this Court to determine the controversy in this regard in these proceedings.

The appellant is permitted to deposit in Court Rs.12,649 as a part payment towards the dues payable to the respondent, and also, deposit Rs.1206.97 per month towards the pension payable to him and it will be open to respondent to withdraw the amount deposited from time to time without prejudice to his claim.

Since learned Deputy Attorney General undertakes that on final calculations the balance amount payable to the respondent shall be deposited in Court, no order on this application is called for.

The application is accordingly dismissed.

M.I. Order accordingly

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