SBCWP NO.4256/06. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4256/2006. Chandra Mohan Sharma Vs. State of Rajasthan & Ors. Date of Order:- November 25, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri Sayyed Jakawat Ali, Deputy Government Counsel. ***** BY THE COURT:- This writ petition was filed by the petitioner aggrieved by order dated 2/9/2005 with a prayer to set-aside the same to the extent it denies retiral benefits to the petitioner. Petitioner was initially appointed on the post of L.D.C. He was involved in a criminal case and a charge sheet was filed against him for offence u/Ss.302, 147, 148 and 149 IPC. He was placed under suspension and lateron was reinstated in service but in the meantime he attained the age of superannuation and he retired from service on 30/6/2006. Impugned order dated 2/9/2005 has been passed directing that retiral benefits such as pensionary benefits, Gratuity etc.etc. would be payable to the petitioner only in the eventuality of conclusion of criminal trial against him. SBCWP NO.4256/06. 2 However, it was clarified that there is no disciplinary proceedings pending against the petitioner under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. No one has appeared for the petitioner even in the second round. Shri Sayyed Jakawat Ali, learned Deputy Government Counsel appears for the Government. He submits that when reply to the writ petition was filed on 15/12/2006, the status of the criminal case was mentioned in para 5 thereof that it was still pending and therefore final order could not be passed about retiral benefits and leave encashment etc.etc. Having heard the learned Deputy Government Counsel, perused the averments of the writ petition as well as reply to the writ petition, I find that four years have gone since that stand was taken by the respondent-State. This writ petition is disposed of with the direction to the respondents to find out about the stage of the trial and if the trial is concluded and the petitioner has not been convicted, act in conformity therewith by granting retiral dues such pensionary benefits, Gratuity, leave encashment etc. etc. after revising the pay, to the petitioner and if otherwise, then convey their decision on the SBCWP NO.4256/06. 3 matter to the petitioner. Compliance of the judgment shall be made within a period of three months from the date, copy of this order is produced before the respondents. (MOHAMMAD RAFIQ), J. anil