S.R. CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) BY means of the present petition, the petitioner has sought the following reliefs: -

(2.) THAT the respondent may be directed to allow selection grade to the petitioner with effect from 1.1.1996 with all consequential benefits including arrears of salary/ pensionary benefits, with interest at market rate on delayed payments. That respondent may be directed to release an amount of Rs.10805/ -withheld out of his gratuity when the same was paid to him in the year 1997, with interest at market rate on delayed payment.

(3.) THE petitioner retired on 31.4.1997 on attaining the age of superannuation, but the retiral benefits were not released to him, because of the pendency of the criminal case against him. But later, he was acquitted on 13.1.2004 by the learned Special Judge and the State appeal against the judgment of acquittal. The petitioner during the pendency of appeal made representation informing about his acquittal but he was declined selection grade and the retiral benefits on the ground that the appeal is a continuation of the proceedings. He was accordingly informed vide Annexure P -1 dated 13.10.2010.