- (1.) This writ petition has been filed by Petitioner with prayer that order dated 04.02.2003 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur, in Appeal No. 2875/2001, may be set-aside and Petitioner be declared entitled to full salary and allowances after date of his conviction i.e. 23.12.1981 till date of his superannuation i.e. 28.02.1993 and thereafter full pension and other retiral benefits viz. Gratuity, commutation etc. along with interest at bank rate. In alternative, it has been prayed that Respondents be directed to pay provisional pension as contemplated under Rule 170A of Rajasthan Service Rules, 1951 or Rule 90 of Rajasthan Civil Services (Pension) Rules, 1996 with all arrears from date of superannuation till final decision of Criminal Appeal filed by him against order of conviction.
(2.) Factual matrix of case is that Petitioner was appointed with Respondents as 'vaidya' by order dated 14.07.1956. While he was in service of Government, a criminal case was registered against him for offence under Sections 302 and 307 IPC at Police Station Khatushyamji. It was on that account that Petitioner was placed under suspension by competent authority by order dated 04.08.1981. Petitioner faced trial and ultimately he was convicted by judgment of District & Sessions Judge, Sikar, dated 23.12.1981 and he was sentenced to undergo life imprisonment. Aggrieved thereby, Petitioner filed criminal appeal No. 7/1982 in which sentence awarded to Petitioner was suspended by Division Bench of this Court and said appeal is still pending.
(3.) While Petitioner is still under suspension, he, upon attaining age of superannuation, retired from service on 28.02.1993 and his duly prepared pension case was sent to Director, Pension & Pensioner's Welfare, Jaipur, which, however, declined to grant pension on premise that so long as Petitioner was not acquitted in criminal case, he would not be entitled to pension.;