JUDGMENT : 1. Delay condoned. 2. The question whether the petitioner would draw his pension treating his ad-hoc appointment as Executive Engineer or would draw the pension on the basis that he has retired as Assistant Engineer is still subject matter of a pending Writ Petition in Allahabad High Court. By the impugned order, the High Court directed that the petitioner may be paid his pension as if he has retired as an Assistant Engineer and other pensionary benefits also. The grievance of the petitioner is that though pension has been determined as Assistant Engineer but his gratuity and other dues have not yet been paid. In the counter affidavit filed, it has been indicated that in a proceeding against the petitioner the Government has found that a sum of Rs. 7,32,775/- could be recovered from the petitioner's pensionary benefits. That being the position, we are not in a position to issue any direction to the State Government to release the gratuity of the petitioner until the question of amount due from the petitioner is finalised in any appropriate proceeding. In the aforesaid premises, the pension of the petitioner having been released treating him that he has retired as Assistant Engineer, we see no justification for our entertaining this SLPs. The SLPs. and Contempt Petition are dismissed.