LAW FOR ALL

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR= Even if the appeal against conviction preferred by the Petitioner be treated as a continuation of the criminal case, = Even if the appeal against conviction preferred by the Petitioner be treated as a continuation of the criminal case, the words “judicial proceedings” will naturally have to be read in the context of the rules as being confined to a proceeding related to conduct in service which led to conviction on a criminal charge. To read into it the pendency of an appeal preferred by the petitioner against his conviction under Section 306 IPC to withhold full pension would be doing complete violence to Rule 69 and shall be completely beyond its jurisdiction and scope - The Petitioner is held entitled to full pension from date of superannuation alongwith gratuity and other superannuation benefits, if any. The Respondents shall pay interest on Gratuity as provided for in Rule 68 of the Pension Rules or any statutory interest as the case may be. Relying on (1994) 2 SCC 406 (R.R.Bhanot v. Union of India) the Petitioner is held entitled to interest on the arrears of pension @12% p.a. from the date of superannuation till the actual date of payment.