Sujoy Paul, J. - (1.)The petitioner who has attained the age of superannuation on 30th April, 2015, is claiming benefit of retiral dues. The benefits are not released on the singular ground that the petitioner was an accused in Special Criminal Case No.4/2013. Although by judgment dated 28th Feburary, 2017 Annexure P/1, the petitioner was acquitted in the said case and a criminal appeal has been filed by the State Government which is still pending (para 4).
(2.)Shri Rajesh Mishra, learned Government Advocate pressed the aforesaid singular ground and contended that appeal is an extension of trial and; therefore, petitioner is not entitled to get the retiral dues.
(3.)Shri Paritosh Trivedi relied upon various judgments of the High Court in the cases of Balak Singh Thakur vs. State of MP [WP No.7592/2013(s)], R.C. Dubey vs. M.P. State Electricity Board [WP No.12152/2007(s)], S.Rajagopal vs. The Registrar (WP No.18949/2014) and Chula Ram Heerani vs. State of Rajasthan (Civil Writ Petition No.3509/2014). and contended that the respondents are not justified in retaining/withholding the retiral dues.