VIRENDRA KUMAR SINGHAL, S/O SHRI BASANTI LAL SINGHAL Vs. THE CHAIRMAN AND MANAGING DIRECTOR, RAJASTHAN RAJYA VIDHYUT UTPADAN NIGM LTD.

JUDGEMENT

(1.) Petitioner has prayed to direct the respondents to release gratuity and pay interest on the same and also to quash the order dated 07/04/2015. So far as the letter dated 07/04/2015 is concerned, the same clarifies that the judgment passed by the Supreme Court in the case of State of Jharkhand and ors. v. Jitendra Kumar Srivastava & anr. (Civil Appeal No.6770/2013), decided on 14/08/2013 was not in relation to the Rajasthan Civil Services (Pension) Rules, 1996 and thus does not call for any interference. However, the claim of the petitioner for release of gratuity in terms of Pension Rules of 1996 is made out.

(2.) Rule 90-C of the Pension Rules of 1996 read with Rule 7 provides that if there are any judicial proceedings pending, the gratuity cannot be released and only provisional pension shall be released.

(3.) In the present case, the respondents withheld gratuity of the petitioner as there was a criminal case pending. However, the criminal case culminated into a judgment dated 26/04/2004 whereby the petitioner has been acquitted but the respondents submits that because appeal is preferred before the High Court, gratuity of the petitioner has been withheld.