JOGINDER SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) By virtue of instant petition preferred under Articles 226/227 of the Constitution of India, petitioner has sought a writ in the nature of mandamus directing the respondents to release the retiral benefits i.e. Gratuity, commutation of pension and regular pension etc. along with interest and arrears thereof.

(2.) Undisputably, petitioner stood retired from service as Head Constable on April 30, 2011 and subsequent thereto, in a case bearing FIR No. 47, dated May 19, 2002, under Sections 302, 34 IPC registered at Police Station Fatehgarh Churian, District Gurdaspur, he was tried, convicted and sentenced under Section 302/34 IPC. However, he has preferred an appeal, which has since been admitted by this Court for hearing but his sentence was suspended by this Court vide order dated September 27, 201 During the course of arguments, it has emerged that petitioner has already been disbursed the amount on account of leave encashment, GPF, Retirement Welfare Fund. However, provisional pension granted to the petitioner was subsequently withheld on account of his conviction in the above-referred criminal case.

(3.) Vide order dated July 26, 2016, respondents were asked to pass a speaking order as to whether retiral benefits has been released to the petitioner and in case the same has not been released, to pass a speaking order. In pursuance of order dated July 26, 2016 passed by this Court, Senior Superintendent of Police, Kapurthala vide order dated August 20, 2016 observed that Leave Encashment, GPF, Final Payment and Retirement Welfare Fund have already been released. However, regular pension/provisional pension, Death cum Retirement Gratuity and Commutation Pension have not been released just on the ground that petitioner stands convicted vide judgment of conviction dated October 31, 2011 passed by learned Additional Sessions Judge, Gurdaspur.