Chhattisgarh Court June 2013 Judgments

Punnulal Jaiswal Vs. State of Chhattisgarh and Others

Court: Chhattisgarh

1. By this petition under Article 226 of the Constitution of India, the petitioner, who is a retired Government employee, is aggrieved by the dicision dated 8.9.2009 (Annexure P/6) of the Retiral Dues Committee, whereby the action of the concerned Department, withholding claim of the petitioner for full pension, gratuity and leave encashment etc., on account of pendency of a criminal case, has been upheld. 2. Learned counsel for the petitioner submits that the petitioner retired from the service upon attaining the age of superannuation w.e.f. 31st May, 2005, The petitioner has been subjected to criminal trial in an old case, which was instituted in the year 1999 and since then the trial is pending. The petitioner having retired long back, his retiral benefits cannot be withheld for indefinite time only because of pendency of the criminal case. Though the petitioner is being paid 90% of the pension of the provision basis, his pension case is not finalized, The benefits of leave encashme...