JUDGMENT : R.C. KHULBE, J. 1. This petition has been filed by the petitioner under Article 226 of the Constitution of India for the following relief:- (i) Issue a writ, order or direction in the nature of Certiorari calling for the record and quashing the impugned order dated 31.05.2012 passed by the respondent no.1. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay the salary of 36 months as per scheme of Voluntary Retirement along with interest and also pay the interest on the amount already paid to the petitioner. 3. The factual matrix of the case is that the petitioner was working as Joint Chief Seed Production Officer in the office of respondents who was due to retire on 31.07.2006 but due to the medical reasons the petitioner applied under the Voluntary Retirement Scheme on 21.05.2002. The petitioner claims that the respondent passed the order on 11.10.2002 in a very arbitrary manner and in that order the department imposed illegal riders. The respondents on the one hand granted VRS to the petitioner, and on the other hand, had not given the benefit of VRS. 4. Aggrieved by it, the petitioner filed WPSB No. 58 of 2010 before the Hon’ble Court challenging impugned order dated 11.10.2002. The Division Bench of this Court in its order dated 16.09.2010 observed that the petitioner was prevented from attending the duties assigned to him, by the order dated 11.10.2002 passed by respondents and accordingly quashed the impugned order and directed the respondents to decide the application of the petitioner for VRS in accordance with law and pass the order afresh in the terms of this order, should relate and from 11.10.2002. In compliance of the order of the Court the respondents passed the order on 31.05.2012 which the petitioner claims is also illegal. 5. It is submitted that the petitioner is entitled to get the full benefit of VRS but the respondents paid only Rs.4,37,442 lac to the petitioner without showing any detail. The petitioner claims also to be entitled to all the benefits of VRS and a salary of 36 months. 6. 5. It is submitted that the petitioner is entitled to get the full benefit of VRS but the respondents paid only Rs.4,37,442 lac to the petitioner without showing any detail. The petitioner claims also to be entitled to all the benefits of VRS and a salary of 36 months. 6. In counter affidavit the respondents submitted that as per the direction of the Court the respondent-corporation has passed the detailed order on 31.05.2012 and an amount of Rs.4,37,442/- had already been paid through cheque no.484832 dated 21.05.2012 which has been encashed by the petitioner. As per the Voluntary Retirement Scheme all the payment has been made to the petitioner and there is no dues remain pending towards the petitioner. 7. We have heard learned counsel for both the parties at length. 8. It is an admitted fact that the petitioner had applied for voluntary retirement on 21.05.2002 and the respondents passed an order on 11.10.2002 with a rider that the applicant shall not be entitled for benefit of voluntary retirement. 9. This order was challenged by filing WPSS petition no. 58 of 2010 in which the Division Bench of this Court vide its order dated 16.09.2010 directed the respondents to dispose of the application of the petitioner for voluntary retirement in accordance with law. In compliance of the order the respondents passed a fresh order on 31.05.2012. By the said order the application for voluntary retirement was allowed from 11.10.2002 and an amount of Rs.4,37,442/- was given to the applicant by way of cheque dated 21.05.2012. 10. It is argued by the learned counsel for the petitioner that as per the note sheet (Annexure-8) prepared by the office, it is admitted that the applicant is entitled for an amount of Rs.4,56,750/-. This fact is also admitted in the supplementary counter affidavit filed by the respondents. Apart from that it is also admitted by the respondents that a cheque of remaining amount of Rs.34,020/- was already prepared on 19.06.2014 but the same could not be handed over to the petitioner in view of the fact that the matter was sub-judice and a final calculation of Rs.9,755/-regarding difference as benefit of leave encashment and gratuity benefit was found. In this regard, a cheque dated 01.07.2014 was prepared but that too could not be handed over to the petitioner. 11. In this regard, a cheque dated 01.07.2014 was prepared but that too could not be handed over to the petitioner. 11. From the perusal of the supplementary counter affidavit filed by the respondents, it is evident that the petitioner’s voluntary retirement benefit was wrongly calculated as Rs.4,37,422/- while the respondents admitted that the total amount should be worked out to be Rs.4,56,750/-. Apart from that it is also admitted by the respondents that the petitioner is entitled to get Rs.43,775/- (i.e. 34,020+9,755) for leave encashment and gratuity benefit. 12. The respondent passed a final order on 31.05.2012 and calculated the VRS benefit of Rs.4,37,442/- on the date of voluntary retirement i.e. 11.10.2002 but the respondents paid the said amount of Rs.4,37,422/- on 21.05.2012 by issuing a cheque dated 21.05.2012 while the respondents admitted that the applicant was entitled to Rs.4,56,750 instead of Rs.4,37,442/-. Since the respondents have worked out Rs.4,56,750/- at the time of giving VRS on 11.10.2002 and the same should have been given to the applicant on 11.10.2002 but the said amount was not paid by the respondents and it was only an amount of Rs.4,37,442/- paid to the petitioner on 21.05.2012. 13. In these circumstances, the applicant is also entitled for interest @ 12% per annum from 11.10.2002 to 21.05.2012 on the amount of Rs.4,37,422/-. Apart from that it is also admitted by the respondents that the applicant is also entitled for payment of Rs.43,775/- (i.e. 34,020+9,755) for leave encashment and gratuity benefit but a cheque earlier prepared but it was not handed over to the applicant. In such circumstances the applicant is also entitled to the above amount of Rs.43,775/- with interest @ 12% per annum from the date of VRS i.e. 11.10.2002. 14. In view of the above, the writ petition is disposed of accordingly with the direction to the respondents to make payment of Rs.43,775/- with interest @ 12% from 11.10.2002 till the actual date of payment. The respondents are also directed to pay interest @ 12% per annum on Rs.4,37,422/- from the date of retirement i.e. 11.10.2002 till the date of actual payment on 21.05.2012. The respondents shall also pay the petitioner the differential amount of Rs.19,308/-( being the difference of Rs.4,56,750/- and Rs.4,37,442/-) with interest from 11.10.2002 till the actual date of payment. The aforesaid payment shall be made within a period of two months. The respondents shall also pay the petitioner the differential amount of Rs.19,308/-( being the difference of Rs.4,56,750/- and Rs.4,37,442/-) with interest from 11.10.2002 till the actual date of payment. The aforesaid payment shall be made within a period of two months. As regards the other benefits, the petitioner has a right to make a representation before the respondents-authority. If any such representation is made by the petitioner within a period of one month, the respondents will decide the same as per law within a further period of two months. 15. The writ petition stands disposed of accordingly. No costs.