JUDGMENT : 1. By this Civil Miscellaneous Petition the respondent requests the Court to direct the appellants to make the payments which are due to him in view of the finding recorded by the judgment under appeal that the order of compulsory retirement is not valid; and also because he has reached the age of superannuation. 2. On the question of salary no direction is necessary because Mr. Bhandare, learned counsel for the respondent, informs us that the respondent has been paid his salary from month to month till 28.2.1981 and admittedly the respondent would retire on superannuation with effect from 1.3.1981. Therefore, there is no question of directing payment of salary as being due and payable to the respondent. 3. The next demand is about pension. The appellants admitted in their counter-affidavit that the respondent will be entitled to ?rd pension as per Central Civil Service (Pension) Rules, 1972 as adopted by the Port Trust for its employees in case of compulsory retirement. At this stage except the fact that the judgment is under appeal, the order of compulsory retirement does not exist subject to the decision of this Court in appeal. Therefore, the respondent should be paid pension as admissible without taking into account that he is compulsorily retired. The pension will become due and payable from 1.3.1981. This direction is subject to the condition that in the event the appeal is allowed and the respondent would be entitled to the pension as indicated by the appellants, it would be open to the appellants to recover the same from future pension payable to the respondent. 4. The next claim is for leave salary. Mr. L.N. Sinha, Attorney General, learned counsel for the appellants states that leave salary as admissible upto March 1, 1980 the date on which the respondent was compulsorily retired from service would be paid to him on respondent making on appropriate application for the same. In our opinion, the appellants shall also pay leave salary upto and inclusive of February 28, 1981. For this purpose the respondent shall make appropriate application within two weeks from today, 5. The next claim is for provident fund dues. In our opinion, the appellants shall also pay leave salary upto and inclusive of February 28, 1981. For this purpose the respondent shall make appropriate application within two weeks from today, 5. The next claim is for provident fund dues. Learned Attorney General for the appellants informs the Court that the provident fund due and payable to the respondent upto and inclusive of March 10, 1980 would be paid as per rules, we were informed that when the salary was being paid to the respondent from month to month up to the date of his retirement on superannuation contribution for provident fund was being deducted from the salary month to month. Therefore, the entire provident fund account should be made up and paid to the respondent. It may be clarified that the respondent is a member of non-contributory provident fund scheme. 6. The last head of claim is gratuity. The respondent shall be paid gratuity as due and admissible to him till the date of his retirement i.e. upto and inclusive of February 28, 1981. 7. All the payments directed herein shall be subject to the decision of the appeal and are adjustable, in the event the appeal is allowed. The payment herein directed shall be made within two months from today. Any other claim that the respondent may be entitled to is not covered by this order.