IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. Civil Writ Petition No. 7522/2003 Anandi Lal Mathur vs Rajasthan Rajya Vidyut Prasaran Nigam Ltd and anr. Date of Order : 16.1.2009 Present HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Akhil Simlote, for the petitioner. Mr.Veerendra Lodha, for the respondents. BY THE COURT:- Heard learned counsel for the parties. 2. This writ petition was filed by the petitioner in the year 2003 on the premise that since he has now been acquitted by the court in a criminal trial due to which he was placed under suspension,therefore, the respondents be directed to regularise the period of suspension and to release all the retiral benefits like full pension, gratuity, commutation and payment of leave encashment with interest @ 24% per annum and they be further directed to consider case of the petitioner for promotion to the post of Dy. Chief Engineer and thereafter to the post of Addl. Chief Engineer. The respondent have contested the writ petition by filing reply and subsequently the petitioner filed rejoinder. 3. Upon consideration of the arguments made and the pleadings of the parties, it transpires that the provisional pension was sanctioned to the petitioner in January,2004 though he retired on 30.11.2002 and he was acquitted by the court on 13.3.2003. It also transpires that the case for promotion from the post of Deputy Chief Engineer was considered by DPC and the recommendations were kept in sealed cover. During the pendency of the criminal case, the respondents have paid GPF amount on 6.2.2003 and leave encashment on 1.12.2002. Arrears of provisional pension were paid in the month of December,2003. 4. Learned counsel for the petitioner has submitted that the petitioner has yet not been paid the benefit of commutation of pension for the suspension period from 13.4.1999 to 30.11.2002 and in fact the respondents have calculated his retiral benefits and pension treating the date of suspension as retired, thus, completely ignoring the period, he remained suspended. It is further contended that the provisional pension was to be paid at the moment he retired whereas, it was paid from January,2004. Petitioner should be paid interest for the delayed payment of provisional pension. Provisional pension was paid only to the extent of 85% whereas, it should have been paid as 100%. The amount of GPF was paid in February,2003 which became due in December,2002. The amount of encashment of leave has been paid in December,2003 which became due on 1t December,2002. The amount of gratuity has not been paid to the petitioner. Commutation of pension has also not been paid to the petitioner. 5. Mr. Virendra Lodha, learned counsel for the respondents submits that even if the petitioner was acquitted in the criminal case, he was charged for offence under the Prevention of Corruption Act. The Government has filed leave to appeal against the judgment of this court which fact, respondents have asserted in their reply, it was because of this that all the aforesaid dues could not be timely released. 6. Reply to the writ petition has been filed on 23.5.2003. More than five and a half years has elapsed since then, the respondent have not able to inform the court as to what has happened to the leave to appeal. Mere filing of special special leave to appeal does not detract from the fact that the petitioner has been acquitted from the criminal court. Respondent cannot justify non payment of the dues of the petitioner merely because they decided to prefer special leave to appeal against the judgment of acquittal. In any case, the period of service rendered by the petitioner cannot be ignored for the purpose of pension and other retiral dues and delay of the aforesaid retiral dues cannot be justified. 7. In the result the writ petition is disposed of with the following directions:- (i) petitioner shall be paid full pension from the date of his retirement upto date and such pension shall be paid on month to month basis. (ii) period of service rendered by the petitioner shall be counted upto the date of actual retirement and service rendered from the date of suspension i.e. 13.4.1999 till his retirement i.e 30.11.2002 shall be counted towards the qualifying service and all retiral dues. (iii)the respondents shall regulate the suspension period of the petitioner and pass appropriate order. (iv) The respondents shall pay interest at rate of 6% per annum for the period of delay in payment of provisional pension beyond 60 days and final pension as and when paid. (v) petitioner shall be entitled for the interest @ 6% per annum for all other dues as are found payable. (vi) the respondents shall open the sealed cover envelop containing recommendations of DPC qua the petitioner and give effect to the same within time directed by this order. (vii)the payment of gratuity shall also be made with interest at the rate of 6% per annum. (viii) petitioner would be entitled to commutation of pension if admissible under Rules. (ix) petitioner shall also be granted increment for the period of suspension. (x) compliance of this order be made within three months from the date of receipt of its copy. (Mohammad Rafiq),J. om