WP(C) 5815/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. P.K. Roy Choudhury, learned counsel for the pe titioner and Mr. R.K. Bora, learned State Counsel appearing for the respondents. The petitioner’s grievance in the present petition is of two folds, namely (i) non payment of pensionary benefit though he was compulsor ily retired from service with effect from 06-06-1995 and (ii) non release of the 25% of the salary during the period of suspension, i.e. with effect from 30-03- 1993 till the date when he was compulsorily retired from service, i.e. on 06-06- 1995. The State respondents in the affidavit-in-opposition fil ed on 23-06-2010 have stated that the provisional pension has been granted, apar t from the amount payable under the Group Insurance Scheme, which the petitioner has received. It has further been submitted that since the departmental proceed ing and also the judicial proceeding, i.e. the criminal case instituted against the petitioner where he is one of the accused, have not been finalized, no final order relating to the release of the 25% of the salary during the period of his suspension could be passed and the authority will pass necessary order relating to the final determination of pension and also payment of the aforesaid 25% of salary during the period of suspension, after such proceeding is over. Rule 22(1) of the Assam Services (pension) Rules, 1969 p rovides that where any departmental or judicial proceeding is instituted under R ule 21 or where a departmental proceeding is continued under Clause (a) of the p roviso thereto against an officer, who has retired on attaining the age of compu lsory retirement or otherwise, he shall be paid during the period of commencing from the date of his retirement to the date on which upon conclusion of such pro ceeding, final orders are passed, a provisional pension not exceeding the maximu m pension which would have been admissible on the basis of his qualifying servic e up to the date of retirement, or if he was under suspension on the date of ret irement, up to the date immediately preceding the date on which he was placed un der suspension. It also provides that such officer, however, shall not be paid t he gratuity until the conclusion of such proceeding and the issue of final order s thereof. Sub-Rule (2) provides that the payment of provisional pension made u nder Clause (1) shall be adjusted against the final retirement benefits sanction ed to such officer upon conclusion of the aforesaid proceeding but no recovery s hall be made where the pension finally sanctioned is less than the provisional p ension or the pension is reduced or withheld either permanently or for a specifi ed period. From the affidavit-in-opposition filed by the respondent s, it is evident that the provisional pension has been determined and also paid to the petitioner. Such assertion of the respondents in the affidavit has not b een denied by the petitioner. Admittedly, the departmental proceeding, which was initi ated when the petitioner was in service, is still continuing so also the judicia l proceeding. The authority, therefore, cannot be directed to determine final p ension and to pass order relating to release of 25% of the salary for the period of suspension until determination of such proceedings pending against the petit ioner. That being the position, the present writ petition is di sposed of with a direction to the respondent authorities to pass final order rel ating to the pension as well as release of 25% of the salary during the period o f suspension, after termination of the aforesaid proceedings pending against the petitioner. The writ petition is accordingly disposed of. No cost.