Order 28/07/2017
1. Admittedly, the provisional pension has been granted to the petitioner who attained superannuation while criminal case was pending against him.
2. The petitioner has prayed by way of this writ petition to release pensionary benefits. The petitioner submits that he has deposited the embezzled amount of Rs. Five Lac and thus there is no monetary claim of the Government against him and therefore, he should be paid pension and other retiral benefits. (2 of 2) [CW-3191/2016]
3. In view of the fact that he is already being paid provisional pension and in view of the provisions contained under Rule 7 read with Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996, this Court is of the firm opinion that the petitioner cannot be granted retiral benefits other than the provisional pension during pendency of the criminal case registered against him and pending at the time when he superannuated.
5. The view had already been expressed earlier when he approached this Court while filing SB Civil Writ Petition No.10788/2014 wherein directions were given to him to make a presentation only with regard to release of provisional pension which has now been released.
6. In view of what has been discussed herein above, the present writ petition is wholly misconceived and is accordingly dismissed. (SANJEEV PRAKASH SHARMA)J. Raghu/83