BASANTI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By means of this petition, the Petitioner whose husband Sh. Balak Ram Sharma was employed as Forest Range Officer in the Forest Department of the State of Himachal Pradesh, has prayed that the Respondents be directed to release the withheld amount of death-cum-retirement gratuity (DCRG) of Rs. 1,68,185/- along with interest @ 12% p.a. from the date of retirement of the husband of the Petitioner and the Respondents may also be directed to pay commuted value of pension as per option furnished by her deceased husband.

(2.) The undisputed facts are that late Sh. Balak Ram Sharma retired from service on 31.8.1999. It is also not disputed that an FIR had been registered against him under Section 409 Indian Penal Code wherein it was alleged that while posted as Ranger Officer, Blasan during the period 12.5.1994 to 29.10.1994 he had embezzled Government funds. This case was pending when Sh. Balak Ram Sharma, retired and continued till 24.12.2003 when he was acquitted by learned Additional Chief Judicial Magistrate, Theog, District Shimla.

(3.) The case of the Petitioner is that Sh. Balak Ram Sharma had applied for commutation of pension and after his acquittal he was entitled to get the amount of DCRG as well as commuted pension. Unfortunately, Sh. Balak Ram Sharma expired on 24.11.2005 and therefore the present petition was filed at a later stage.