Heard Mr. Mahanti, learned counsel for the applicant and Mrs. K. Rajitha, Sr. Central Government Standing Counsel for the Respondents.

MA.143/2017 is filed to direct the Respondents No.1&2 to implement the order passed by the Tribunal in O.A. dated 29.07.2009.  The order passed in the OA is to the effect that the Armed service of the applicant shall be counted for fixation of his pay in the Civil post and for  pensionery  benefits.    

The order was passed on 29.07.2009.  Against the said order Writ Petition was filed before the Hon’ble High Court and the same is pending.  However, there is no order granting stay of the operation of the order passed by the Tribunal in the O.A.  It is submitted by the learned Sr. Central Government Standing Counsel for the Respondents that against decision rendered by the Tribunal on identical facts the Respondents in the said O.A. filed WP.2986/2004 wherein the Division Bench and Hon’ble High Court had held categorically that an Ex-Serviceman drawing the military pension or retaining gratuity received on discharge from military service, his former military service shall not be counted as a qualifying service and the Respondent therein is not eligible for pension as he was paid gratuity.  Ultimately, the Hon’ble High Court held that the Respondent therein is entitled only for gratuity which has already been received.  The Hon’ble High Court set aside the order passed by the Tribunal on identical  facts.  Furthermore the Writ Petition is still pending before the Hon’ble High Court. 

The applicant herein did not file any Contempt Petition within time.  Therefore, it is not possible to pass any direction as sought for by the applicant.

MA.143/2017 is therefore, dismissed.