- (1.) The petitioner seeks retirement benefit.
(2.) It is contended on behalf of the petitioner that, although the petitioner was convicted in a criminal case under Sections 148, 149 and 302 of the Indian Penal Code, he is entitled to retirement benefits. He had reached the age of superannuation on April 13, 2014. On an appeal preferred from the order of conviction, the High Court had suspended the execution of the sentence. The petitioner had been granted bail by the Appeal Court.
(3.) Relying upon (Anandi Prasad Mahato v. State of West Bengal, 2014 2 CalHN 103) and the judgment and order dated July 9, 2015 passed in W.P. No. 9890(W) of 2015 (Prafulla Chandra Mahato v. The State of West Bengal & Ors.) it is submitted that, pendency of a criminal case is not a valid ground for withholding of terminal benefit of a Government employee.;