Heard.
The petitioner is said to have retired from the service of opposite parties in December, 2015. The grievance is that till date he has not been paid his post-retiral dues.
Earlier some criminal trial was said to be pending against him, but as per the averment made by him in para 11 of the writ petition it has been averred that the said proceeding is not pending.
On a perusal of the judgment dated 16.12.2010 passed in Case No.4996 of 2010 under Section 482, Cr.P.C. it is revealed that the summoning order was quashed, but at the same time matter was remanded back to the learned Sessions Judge for passing fresh order on the final report submitted by the investigating officer keeping in view the observations made therein. It is not clear as to what happened thereafter.
Even if some proceeding is pending, the opposite parties are under an obligation to pay provisional pension, however, if no proceeding is pending then, of course, they have to take a decision regarding entitlement of the petitioner to his post-retiral benefits expeditiously.
In view of the above, it is provided that the provisional pension shall be released in favour of the petitioner forthwith including the arrears thereof.
As far as the petitioner's entitlement to other post-retiral benefits are concerned, opposite party no.3 shall look into the matter, verify the facts in the light of the relevant rules and take a decision in this regard within two months from the date a certified copy of this order is submitted. Decision taken shall be communicated to the petitioner forthwith.
With the aforesaid observations this writ petition is disposed of.
Order Date :- 16.3.2016/A.Nigam