IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2411 of 2010. Decided on 24.06.2010. Om Prakash Dogra. ….. Appellant. -Versus- State of H.P. and others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the appellant. : Mr. Bhupender Gupta, Senior Advocate with Ms. Charu Gupta, Advocate. For the respondents. : Mr. J.K. Verma, Deputy Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral): The writ petition is filed with the following prayers: “(a) Directing the respondents to release forthwith the entire benefits payable to the petitioner as per Annexure P-1. (b) Directing the respondents to compensate the petitioner for the delayed payments of his retiral benefits alongwith interest from the date when they became due till the actual payment.” 2. Petitioner retired from service on 31st December, 2005. On account of involvement of the petitioner in a criminal case, now pending trial before the Chief Judicial Magistrate, Kangra at Dharamshala, H.P., in Criminal Case No. 87-II/2003, the benefits have not been disbursed to him. According to the petitioner, in the 2 case of a co-accused, who retired after the petitioner, the benefits have been granted. 3. Learned Deputy Advocate General, referring to the reply, submits that only leave encashment has been granted to the person referred to by the petitioner who retired after the petitioner. The Chief Judicial Magistrate, Kangra has informed the Registry that the criminal case can be disposed of within a period of six months. Accordingly, there will be a direction to the Chief Judicial Magistrate, Kangra to dispose of the Criminal Case No. 87-II/2003, within a period of six months from the date of production of the copy of the judgment by the petitioner before the learned Magistrate. The parties shall co-operate with the learned Magistrate for the disposal of the case in the time bound manner, indicated above. 4. In the meanwhile, he shall also be disbursed the benefit of leave encashment, as has been granted to the co- accused. It is also made clear that in case the amount due under the G.P.F and G.I.S. has not been disbursed, the same shall be disbursed within a month. 5. The petition stands disposed of, so also the pending application (s), if any. Copy dasti, on usual terms. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 24th June, 2010 (bhupender/awasthi) 3