SHIV SHANKAR RAY Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition the prayer on behalf of the petitioner is to issue an appropriate writ, order or direction commanding the respondents to pay his post retiral dues i.e., gratuity amounting to Rs. 29,905/ -and commutation of pension amounting to Rs. 40,559/ - forthwith alongwith interest thereon at the rate of 18% per annum.

(2.) THE petitioner retired from the Defence service as Nayak on 31.3.1997. He claims to have served the nation to the best of his ability and full satisfaction and during his service, no proceeding was ever initiated. However, there is a criminal case pending against him at Sasaram. The petitioner though is getting pension but his aforementioned amount of gratuity and commutation of pension have been kept withheld on account of pendency of the said criminal case not relating to discharge of his official duty against him.

(3.) IN the counter affidavit filed on behalf of the respondents it is alleged that the petitioner while serving with 3 Air Formation Signal Regiment was involved in a criminal case under section 154/302 of the Indian Penal Code and was arrested by civil police on 20th May, 1993 while he was on leave. The petitioner was released on bail on 19th September, 1993. Pay and allowance of the petitioner for the period under arrest were withheld by Commanding Officer in terms of section 93 of the Army Act read with rule 194 of the Rules framed thereunder and casualty was published, vide D.O. Part II Order No. 98/02/94. The petitioner was attached to Bihar and Orissa Sub -Area Signal Company for defending the court case as per Army Order 89/81, which has not yet been finalised. It has, thus, been contended that on account of pendency of the said criminal case against the petitioner, grant of service gratuity and commuted value of pension can be considered only after finalisation of criminal case/issue of suitable order from the court.