VEERENDR SINGH SIRADHANA,J. - (1.) Retiral benefits of the petitioner have been with held since his retirement attaining the age of superannuation on 31st October, 2001; which compel to institute the instant writ application praying for the following relief(s): "(a) issue an appropriate writ order or direction directing the respondents to release the retiral benefits of the petitioner which has been withheld from 31.10.2001 alongwith interest @ 18% per annum. The retiral benefits includes payment of gratuity, leave encashment, commutation of pension and fixation of pension after releasing the revised pay of the petitioner under the Revised Pay Scales Rules, 2008. b) issue any other appropriate order or direction as may be deemed just and proper by this Hon'ble Court in the facts and circumstances of the case be kindly passed in favour of the humble petitioner."
(2.) Briefly, the essential skeletal material facts are that the petitioner retired attaining the age of superannuation from the post of 'Girdhawar' on 31st October, 2001. For the petitioner was proceeded with for offence under Section 7, 8 and 13(1)(d)(ii) of Prevention of Corruption Act, 1988 (for short, 'the Act of 1988'), his retiral benefits have been withheld. It is pleaded case of the petitioner that the jurisdictional Court after trial acquitted the petitioner vide judgment and order dated 4th April, 2016 (Annexure-2).
(3.) Mr. Mahendra Shah, learned counsel for the petitioner, reiterating the pleaded facts and grounds of the writ application, asserted that even after acquittal of the petitioner by the jurisdictional Court, the retiral benefits of the petitioner have been released. According to the learned counsel, all that has been stated in the counter-affidavit while resisting the claim of the petitioner is, institution of Criminal Leave to Appeal No. 285/2016, against the order of acquittal recorded by the trial Court, which is still pending consideration.;