Sultan Singh Meena vs State Education Department Ors
2021 Latest Caselaw 188 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 16808/2017

Sultan Singh Meena
                                                                  ----Petitioner
                                   Versus
State Education Department Ors
                                                                ----Respondent

For Petitioner(s)        :     Mr. Ajay Gupta
For Respondent(s)        :     Mr. C.L. Saini, AAG

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

11/01/2021 The petitioner has attained superannuation on 30 th June,

2014.

Learned counsel for the petitioner submits that soon before

his superannuation, he had been arrested in a criminal case

registered under Sections 308, 323 and 451 IPC. On account of

pendency of the criminal case, the petitioner's retiral benefits were

withheld which is including gratuity, pension and other benefits.

However, by the interim order, the respondents were directed to

release the provisional pension of the petitioner and it was

released during pendency of the writ petition. The petitioner has

been acquitted from the charges in Sessions Case No.1/2014 vide

judgment dated 16th May, 2019. The said acquittal order was

conveyed to the authorities whereafter the Chief Block Education

Officer, Neem-Ka-Thana, District Sikar, wrote a letter to the

District Education Officer for releasing the regular pension and all

(2 of 2) [CW-16808/2017]

other retiral benefits to the petitioner vide his letter dated

28.08.2019.

Learned counsel submits that in spite of the said letter

having already sent, the petitioner's retiral benefits have not been

released even till date.

Learned Additional Advocate General submits that as there

has been an appeal preferred against the judgment passed by

learned Judge in the criminal case, the authorities have not

released the pension. However, he frankly admits that issue has

already been settled by the Division Bench of this court pendency

of any criminal appeal against acquittal would not come in way of

withholding pension and retiral benefits of a retired government

servant.

Keeping in view thereto, learned counsel submits that time

may be granted to proceed with the releasing the pension.

Keeping in view, fair stand taken by the learned AAG, this

Court directs to list this case after 15 days i.e. on 28 th January,

2021.

In the meanwhile, the petitioner's retiral benefits shall be

released and an affidavit in this regard shall be filed before this

court on the aforesaid date.

(SANJEEV PRAKASH SHARMA),J

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