Ashok Bhushan, J. - (1.) Heard Sri Satya Prakash Pandey, learned counsel for the petitioner and learned standing counsel. Counter and rejoinder-affidavits have been exchanged between the parties and with the consent of the parties, this writ petition is being finally decided.
(2.) By this writ petition, the petitioner has prayed for a writ, order or direction in the nature of mandamus commanding the respondents to provide the retiral benefit of the petitioner including full pension, commutation of 12 months' pension and gratuity etc. with interest. By second prayer, the petitioner has prayed for a direction in the nature of mandamus commanding the respondents to properly revise and fix the pay scale of the petitioner and to provide him super selection grade/promotional pay scale of Rs. 5,500-175-9,000 from due date.
(3.) Facts giving rise to this writ petition, briefly stated, are ; petitioner was recruited as constable in Civil Police on 23rd November, 1962, he was promoted as Head Constable in the year 1982. After completing the age of superannuation, the petitioner retired from service on 31st October, 2000. Petitioner's case in the writ petition is that he was entitled for promotional pay scale in the year 1996 but the respondents have illegally denied the benefit only due to adverse censure entry of the year 1995. Petitioner's case further is that he has been falsely implicated in a criminal case under Section 409 of I.P.C. when he was posted as Malkhana Moharrir at Police Station Juhi, district Kanpur Nagar. Petitioner although retired on 31st October, 2000 but his retirement benefits have not been paid. A counter-affidavit has been filed by the respondents in which it has been stated that a criminal case being Case No. 205 of 2000 under Section 409 of I.P.C. has been registered against the petitioner and after investigation charge-sheet dated 22nd January, 2001 has been submitted in the Court and the case is pending trial before the Court. It has been stated in paragraph 3 of the counter-affidavit that in view of the Government order dated 28th October, 1980 due to pendency of trial against the petitioner he cannot be paid the final pension and gratuity and he is being paid the provisional pension. It has further been stated that after criminal trial comes to an end, the balance amount will be paid to the petitioner. Reference has been made to the censure entry given to the petitioner on 19th July, 1995. It has been stated that petitioner has been given the time scale on 9th September, 1996. It has further been stated that petitioner is not entitled to promotional scale which would have been payable to the petitioner only on 9.9.2002. Rejoinder-affidavit has been filed by the petitioner in which it has again been reiterated that petitioner has been falsely implicated in the criminal case under Section 409 of I.P.C.;