BADAL SINGH YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) Learned counsel for the rival parties are heard.

(2.) Writ jurisdiction of this court is invoked by a senior citizen who had retired from the post of Multi Purpose Worker on attaining the age of superannuation on 31/7/09. Pertinently the petitioner was earlier placed under suspension on 7/5/05 vide Annexue P/1 for being arrested for more than 48 hours in connection with an offence of murder punishable under section 302 as a result of which he was paid 50% and thereafter, 75% as subsistence allowance. The criminal case was registered against the petitioner bearing No. 226/05 in which vide order dated 20/3/06, the petitioner was though acquitted of the offence of murder but was convicted for the offence punishable under section 325, 323/149 of IPC and sentenced to three years R.I. against the said conviction and sentence, the appellant filed an appeal bearing Cr.A. No. 263/06 in which the sentence has been suspended by order dated 29/3/06 and the said criminal appeal continues to be pending till date. Petitioner however continued to be under suspension till attaining the age of superannuation on 31/7/11.

(3.) On his retirement, no amount towards his pension or gratuity was released, as a result of which petitioner filed present petition in which the State in its short reply assigned the reason of pendency of judicial proceedings against the petitioner as a cause for non grant of pension and pensionary benefits to the petitioner for which provision of Rule 64 of M.P. Civil Services (Pension) Rules, 1976 are pressed into service.