SANJEEV PRAKASH SHARMA,J. - (1.) Admittedly, the petitioner has attained superannuation on 31.08.2014 factual aspects which are un-controverted are that a criminal case under Prevention of Corruption Act was registered against him and he was placed under suspension on 21.06.2012 charge sheet has already been filed and trial is going on relating to the aforesaid case before the Competent Court. The petitioner claims that while he has been granted provisional pension and his gratuity has been withheld as his earned leave benefits could not have been withheld as there is no dues i.e recoverable from him and it is stated in light of Rule 91 B (7) the encashment of privilege leave amount can only be withheld after retirement when some money is recoverable by the Government.
(2.) Learned counsel also submits that he should be granted the arrears of fixation of salary after granting him grade increments for the period after he had remained under suspension i.e. between 21.306.2012 upto retirement i.e. 31.08.2014.
(3.) Learned counsel for the respondents submits that in terms of the Rule, no other payment accept provisional pension is admissible to a retired government servant who is under could i.e. under against him there is either departmental enquiry pending or judicial proceedings are pending.;