IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP-T No. 11683/2008 Decided on:2.3.2010 _____________________________________________ Rakesh Kumar. …Petitioner. Versus State of Himachal Pradesh and another. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1. yes. For the petitioner : Mr. Rakesh Jaswal, Advocate. For the Respondents: Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Ankush Dass Sood, Addl. A.G. _____________________________________________________ Rajiv Sharma, Judge (oral). Material facts necessary for the adjudication of this petition are that petitioner’s father, namely, Sh. Yashwant Singh while posted as Deputy Ranger in Rajgarh Forest Division during 1998- 99, was involved in a vigilance case. The challan was put up in the court of Special Judge, Sirmaur District at Nahan. The case was decided on 4.3.2002. Sh. Yashwant Singh was acquitted by the Special Judge, Sirmaur District at Nahan. A criminal revision against the decision of the Special Judge was filed in this Court. The Department has withheld the pensionary benefits i.e. death- cum-retirement gratuity etc. due to the pendency of the criminal 1 Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 revision filed against the judgment of the learned Special Judge, Sirmaur District at Nahan. Mr. Rakesh Jaswal has brought to the notice of the Court that Sh. Yashwant Singh died during the pendency of the criminal revision. If it is so, the appeal has abated. In these circumstances, it is not open to the respondent-State to withhold the pensionary benefits of deceased Yashwant Singh. The pensionary/retiral benefits are property within the meaning of Article 300-A of the Constitution of India. In the present case petitioner’s father has been acquitted by the learned Special Judge, Sirmaur District at Nahan on 4.3.2002. The appeal stand abated, as noticed above. Accordingly, in view of the observations made hereinabove, the petition is allowed. Respondents are directed to release the entire retiral benefits of deceased Sh. Yashwant Singh and the same be paid to his legal heirs with interest @ 8% per annum within a period of six weeks from today. No costs. (Rajiv Sharma), Judge 2.3.2010 *awasthi*