- (1.) HEARD learned counsel for the parties.
(2.) THIS writ petition has been filed by retired employee of Ajmer Vidyut Vitaran Nigam Ltd., Ajmer with the prayer that the respondents may be directed to pay all due service/retiral benefits with interest at the rate of 12% p.a. Admittedly, the petitioner was superannuated from service having attained the age of superannuation on 30.06.2009 vide Annex. 1 but the service benefits were not given to the petitioner for the reason that a criminal case was registered against him. Learned counsel for the petitioner submits that in the said criminal case registered against the petitioner, after due trial, the Special Judge, A.C.D. Cases, Udaipur acquitted the petitioner vide judgment dated 30.10.2011 from the charges levelled against him. Therefore, after acquittal when representation was filed by the petitioner for making payment of entire dues the respondents refused to pay the service/retiral benefits on the ground that appeal has been filed by the State against the judgment rendered by the trial Court.
(3.) LEARNED counsel for the petitioner submits that in the leave to appeal filed by the State this Court dismissed the appeal filed against judgment of the trial Court vide order dated 14.01.2013 passed in S.B. Criminal Leave to Appeal No.269/2011, therefore, now there is no hurdle in the way for making payment of entire service/retiral benefits to the petitioner. As such it is prayed that the respondents may be directed to release all retiral benefits in favour of the petitioner including arrears of salary for the period in which the petitioner remained under suspension.;