SCA/2153/1997 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 2153 of 1997 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= K.G.S NAIR - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MRS KETTY A MEHTA for Petitioner(s) : 1, Mr. Hiren Modi, Asst.GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 13/12/2006 ORAL JUDGMENT By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for a writ, order or direction directing the respondents to immediately fix final SCA/2153/1997 2/3 JUDGMENT pensionary benefits and release the same along with gratuity with commutation of interest. 2. It appears from the record that the petitioner applied for voluntary retirement, and by order dated 31.8.1994 permission was granted to the petitioner to voluntarily retire on 31.8.1994, however it was mentioned in the said order that a departmental proceeding will be continued against the petitioner as per Section 189-A of the Bombay Civil Services Rules, 1959. 3. It appears from the affidavit-in-reply that according to the respondents one Suit was pending in Hyderabad High Court and some criminal proceeding is pending in Vishakhapatnam. It was also pointed out in the reply that ACB was also inquiring into dealings of the petitioner while he was holding office in the Government as to illegal sale of wood of lakhs of rupees in the Port Building Yard and therefore pensionary SCA/2153/1997 3/3 JUDGMENT benefits were withheld. During the pendency of the present Special Civil Application, interim relief was granted by the learned Single Judge of this Court, and it is reported that pursuant to the interim order of this Court retirement benefits have been paid to the petitioner. Under the circumstances, the interim order is made absolute with an observation that the payment of retirement benefits will be without prejudice to any other proceeding pending against the petitioner and subject to ultimate outcome of the same, if any. Rule is made absolute to the aforesaid extent, however, there shall be no order as to costs. [ M.R. Shah, J. ] rmr.