V.K. Shukla, J. - (1.) Petitioners who have retired from the post of Sub Inspector of Police and police Constable respectively are contending before this Court that they have attained the age of superannuation on 31.01.2010 and 31.12.2007 respectively but at the point of time when they have attained the age of superannuation, in the court of Additional District Judge, Fourth Mathura, Sessions Trial No. 450 of 2007 (State Vs. S.I. S.K. Singh) under Section 119/ 120/ 208/ 147/ 149/ 166/167/196/193/211/207/201/220/218/302.348.331 IPC of police Station Farah in Case Crime No. 161A of 1993 has been ongoing and on account of pendency of aforementioned criminal trial, gratuity amount has been kept on hold.
(2.) Sri B.N. Singh Rathore, learned counsel for the petitioners submit that gratuity of the petitioners cannot be withheld by any means for the simple reason that even judicial proceedings which are pending, therein no issue of any loss having been caused to the government due to inaction or action of the petitioners are involved in view of this gratuity amount of the petitioners cannot be withheld as such writ petition in question deserves to be allowed.
(3.) Countering the said submission, learned Standing counsel on the other hand contended that in consonance with the Government Order dated 28.10.1980 as well as Government Order dated 18.07.1980 as till date petitioners have not at been at all exonerated of the criminal charges, as such gratuity has been withheld, and accordingly writ petition deserves to be dismissed.;