RAKSHA BHAWAN Vs. SHIV SHANKAR RAY

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 13.3.2000 passed by the learned single Judge of this court whereby the writ application filed by the respondent was allowed and the appellants were directed to make payment of the amount of Gratuity and also to compute the pension of the respondent within a period specified in the said judgment.

(2.) THE facts necessary for disposal of the present appeal are that the respondent was in Defence Service and working as a Nayak, 3 Air Formation Signal Regiment in the Indian Army. He retired on 31.3.97. While he was in service a criminal case under section 302 I.P.C. was registered against him on 20.5.93. After his retirement he was granted provisional pension and was not paid Gratuity and his request for commutation of pension was not acceded to by the appellants on the ground that in terms of the Pension Regulations for the Army he is not entitled to commutation of pension and payment of Gratuity till the disposal of the criminal case.

(3.) LEARNED counsel for the appellant submitted that there is a provision under the Regulation that if a judicial proceeding is pending against an employee then he is entitled to only provisional pension and he cannot get Gratuity or commutation of provisional pension. The relevant Regulation 3 -B runs as follows : - Grant of Provisional Pension 3 -B. A service personnel (including a Commissioned Officer) against whom any departmental or judicial proceedings are pending or instituted after retirement in respect of an event which took place not more than 4 years before such institution may on his retirement be authorised provisional pension. No Gratuity (including DCRG) and no provision of commutation of pension shall be authorised until the conclusion of such proceeding.