SBCWP NO.554/07. 1 S.B. CIVIL WRIT PETITION NO.554/2007. R.S. Verma Vs. State of Rajasthan and ors. Date of Order : 19/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Prakash Thakuria for the petitioner. Shri B.L. Awasthi, Additional Government Counsel. **** The writ petition has been filed by the petitioner who was working on the post of Assistant Engineer and retired from service of the respondents on attaining the age of superannuation w.e.f. 30/6/2006. Prior to retirement, petitioner was served with the charge-sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 on 3/9/2003. Presently, the Commissioner (III) Departmental Enquiries is ceased with the enquiry proceedings. 2) Grievance of the petitioner is that the respondents are not paying him payment of leave encashment for 297 days and selection scale w.e.f. 1996. 3) Respondents in reply to the writ petition contesting case of the petitioner stated that petitioner has already been paid Rs.1,04,414/- towards State Insurance and Rs.2,60,122/- towards GPF vide letter dated 25/7/2006. Petitioner is presently receiving provsional pension from the month of March 2007. Departmental Enquiry against the petitioner has SBCWP NO.554/07. 2 been initiated which is pending and recovery pursuant thereto is being raised against him for a sum of Rs.7,74,834.06 and all other benefits have been withheld by the respondents till the enquiry is finalized. 4) In view of the facts aforesaid, it cannot therefore be said that the remaining retiral benefits of the petitioner have been withheld without any reason. 5) I therefore do not find any merit in this writ petition. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil/-