- (1.) Heard Sri Ram Kishor Gupta, learned counsel for the petitioner and Sri Raj Kumar Pandey, learned Standing Counsel.
(2.) By means of the present writ petition, the petitioner is seeking the following relief: "5. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to pay pensionary benefit to the petitioner from the date of his superannuation from service; VI. Issue a writ order or direction in the nature of certiorari quashing the order dated 02.09.2013 passed by respondent no.3 rejecting the representation dated 26.04.2004 submitted by the petitioner."
(3.) The petitioner was a regular employee with the respondent no.3 and was working on the post of Ward Boy at Rajkiya Ayurvedic & Unani Chikitsalya, Dhagwa, district Hamirpur. In the year 1978 a first information report was lodged against the petitioner and the petitioner has been sent to jail. The petitioner has been suspended vide order dated 08.09.1978. The petitioner has been sentenced to life imprisonment vide judgment and order dated 05.05.1981 passed by IIIrd Additional Sessions Judge, Hamirpur in Session Trial No.257/78, under sections 302, 34 I.P.C. In pursuance thereof, the services of the petitioner has been terminated vide order dated 19.10.1981, w.e.f. 05.05.1981, the date on which the petitioner has been convicted by the Sessions Court. Against the conviction order, the petitioner filed Criminal Appeal No.1017 of 1981, which has been allowed by this Court vide order dated 05.03.2004 and the petitioner has been acquitted. After the acquittal, the petitioner filed the present writ petition challenging the termination order dated 19.10.1981. The petitioner filed amendment application claiming post retiral benefits from the date of his superannuation and further prayed for quashing of the order dated 02.09.2013 rejecting the representation of the petitioner dated 25.06.2004.;