Gopal Krishan Vyas, J. - (1.) IN this writ petition filed by the petitioner, the petitioner has prayed for direction to the respondents to pay all service benefits on account of his retirement w.e.f. 31.8.2008 including pension, amount of gratuity, commutation, leave encashment with 12% interest and cost.
(2.) AS per the facts of the cased, the petitioner was retired from service after attaining the age of superannuation from the post of Senior Assistant Branch Officer -II, National Insurance Company Ltd., Jodhpur on 31.8.2008. During his service tenure a criminal case under the Prevention of Corruption Act was registered against him, therefore, vide order dated 24.12.2001 he was placed under suspension. The 50% of the salary was paid to the petitioner as subsistence allowance and it was increased to 75% after completion of 6 months. In the criminal case after full -fledged trial vide judgment dated 26.8.2008, the petitioner was acquitted from the charges leveled against him under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 by the Sessions Judge, Anti Corruption Cases, Udaipur.
(3.) AFTER acquittal from the competent criminal trial court, the petitioner filed an application with the request that he may be permitted to join the duties, but no order was passed by the respondents to take him on duty. However, by a communication dated 28.7.2008 the petitioner was directed to supply the information mentioned therein. In pursuance to communication dated 18.7.2008, the petitioner filed necessary affidavit but no order for joining was passed by the respondents and before the petitioner could join duties he attained age of superannuation, therefore, vide order dated 31.8.2008, the petitioner was retired from service when he was under suspension.;