IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13342 of 2002 ARJUN TRIVEDI, SON OF LATE RAJESHWAR TRIVEDI, RESIDENT OF VILLAGE JAMSHARI, P.O. JAMSHARI, P.S. BIND, DISTRICT NALANDA---------------------- PETITIONER Versus 1. FOOD CORPORATION OF INDIA THROUGH ITS REGIONAL MANAGER, PATNA 2. ZONAL MANAGER, FOOD CORPORATION OF INDIA, 10A MILDTON ROW, CALCUTTA-71 3. ASSISTANT MANAGER (PENSION), FOOD CORPORATION OF INDIA, 10A MILDTON ROW, CALCUTTA-71----------------RESPONDENTS ----------- 6 20.02.2009 Heard the parties. Petitioner is getting provisional pension but he wants respondent-authorities of the Food Corporation of India to sanction and pay regular pension as well as gratuity. Learned counsel for the respondents- Corporation has submitted that earlier petitioner was an employee of the Central Government and his pension is governed by Central Civil Services Pension Rules. He has drawn our attention towards Rule 69 of the said Rules which stipulates payment of only provisional pension and no gratuity shall be paid until the conclusion of the departmental or judicial proceedings against the concerned retired employee. In this case it is admitted on behalf of the petitioner that a criminal case is pending and - 2 - for quashing of the same, petitioner has preferred a quashing application in this Court bearing Cr. Misc. No.14423 of 1998 which is till pending. In view of the aforesaid facts and position in the rules, no relief can be granted to the petitioner at this stage. The writ petition is, therefore, dismissed. If so advised, petitioner should take steps for early hearing of the aforesaid quashing application and for that, he may move the appropriate Bench on the plea that his regular pension and gratuity are withheld on account of pendency of the quashing application. B.T. (Shiva Kirti Singh, J.) (J.N. Singh, J.)