P.GOPALAKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the Writ Petition challenging the order passed by the Tribunal made in O.A.No.288/2010 dated 27.4.2011 and to further direct the respondents 1 to 3 to pay him the terminal benefits including regular pension with interest at the rate of 12% per annum.

(2.) Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents 1 to 3.

(3.) It appears that the petitioner is involved in three criminal cases viz., C.C.No.31/2004, C.C.No.36/2005, and C.C.No.6/2007 and thus, the retiral benefits of the petitioner were withheld. The Tribunal, found that the respondents are right in withholding the DCRG and pension till the completion of the trial in the criminal cases. However, the Tribunal, found that there is no impediment to release the retiral benefits such as GPF, CGEGIS and leave encashment benefits which are due to the petitioner as per the Rules and any other benefits like pay arrears arising out of implementation of the 6th Pay Commission recommendation, except the pension and DCRG due to the applicant.