IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10860 of 2005 MD.SAFIQUE Versus THE BIHAR STATE ELECTRICITY BOARD & ORS. ----------- 02/ 06.08.2008 Learned counsel for the petitioner fairly submits that some criminal case is pending against the petitioner, therefore, only provisional pension up to 90 percent may be sanctioned to him. He further submits that the respondents may be directed to pay 90 percent gratuity also, and only 10 percent of pension and gratuity may remain payable after final result of the criminal case. He also submits that earned leave encashment may be directed to be paid to the petitioner. Learned counsel for the respondents does not contest the submissions made by the learned counsel for the petitioner. In that view of the matter, the respondents are directed to pay 90 percent pension and gratuity of the petitioner and leave encashment amount of the petitioner, after withholding 10 percent gratuity and 10 percent pension till the final disposal of the criminal case, within two months from the date of receipt/production of a copy of this - 2 - order. With the above observations and directions this writ application is disposed of. ( J. N. Singh, J. ) A.H.