SHREE CHANDRASHEKHAR,J. - (1.) Prayer in the writ petition is for a direction to the respondents to forebear from withholding fixation and payment of final pension.
(2.) The petitioner was appointed on 21.11.1975 and he superannuated from service on 30.06.2004. At the time of his retirement he was holding the post of A.D.M. in the office of the Divisional Commissioner, Ranchi. In connection to R.C. No. 63A of 1996 (Pat) he was placed under suspension on 14.03.2002. During the period of suspension, that is, from 14.03.2002 to 30.06.2004 he was paid subsistence allowance. In the counter affidavit, the respondents have asserted that provisional pension to the petitioner was sanctioned vide order dated 17.05.2005. Mr. Pandey Neeraj Rai, the learned counsel for the petitioner states that the petitioner is being paid provisional pension.
(3.) Contention raised by the learned counsel for the petitioner is that pendency of the criminal case cannot be a ground for finalizing, fixing and paying full pension to the petitioner. The learned counsel in support of the above contention refers to the decision in "State of Jharkhand and others v. Jitendra Kumar Srivastava and Another" reported in (2013) 12 SCC 210.;