VED PRAKASH GERA Vs. DELHI LIBRARY BOARD

JUDGEMENT

(1.) PETITIONER by means of this writ petition had sought release of his terminal benefits and certain other monetary emoluments which were withheld on account of a criminal case under Section 498A of the Indian Penal Code, 1860 which was filed against him by his daughter-in-law.

(2.) IT is not disputed that during the pendency of the petition most of the entitlements claimed by the petitioner, taking the criminal case as not been filed, have been paid and the petitioner has received all the terminal benefits. Only three reliefs now remain and which are (i) the claim of ACP benefits as claimed by the petitioner, (ii) payment of interest for the delayed period of payment of terminal benefits and (iii) increments due during the suspension period.

(3.) IN a case where a person is The benefits under ACPS are limited appointed to a post on transfer to higher pay scale and do not confer (absorption) basis from another designation, duties and post, whether 12 years and 24 responsibilities of the higher post. years of service for the purpose Hence, the basis criterion to allow the of ACPS will count from the higher pay scales under ACPS should initial appointment or be whether a person is working in the otherwise. same pay scale for the prescribed period of 12/24 years. Consequently,