1. By way of this petition, the petitioner has prayed to direct the respondents to pay the amount of retirement dues along with interest.
2. The facts in brief are that the petitioner was serving as a Taluka Development Officer at Vagra, District Bharuch and on attaining the age of superannuation, he came to be retired on 31.03.1989. However, at the relevant time, a criminal case under the Prevention of Corruption Act, 1988 was pending against him, in which, the petitioner was acquitted from all the charges vide order dated 07.10.1995. It is the case of the petitioner that vide order dated 28.06.1996, respondent no. 1 issued order to withdraw the departmental proceedings and to treat the period of suspension as “on duty” for all purposes and regularized the services from 28.11.1986 to 31.03.1989. Thereafter, respondent no. 1 vide order dated 15.10.1998 issued order for payment of interest on the delayed payment of gratuity. It is the case of the petitioner that in spite of the acquittal in the criminal case, and in spite of the order dated 28.06.1996 regularizing the period of suspension, the respondents have not paid interest on the delayed payment i.e. w.e.f. 01.04.1989 to 28.09.1996. Thereafter, the petitioner preferred Special Civil Application No. 4667/1997 before this Court, which came to be disposed of vide order dated 23.02.2000. It is the case of the petitioner that in spite of the order dated 23.02.2000, the respondents have not released the payments in question. Hence, this petition.
3. Heard learned counsel for the respective parties and perused the documents on record. The petitioner was serving as a Taluka Development Officer and was sent on deputation to Amreli District Panchayat. Thereafter the petitioner was placed under suspension on 24.11.1986 and while he was under suspension, he retired on attaining the age of superannuation on 31.03.1989. Thereafter, the petitioner was acquitted by the Criminal Court vide order dated 07.10.1995 and the departmental proceedings were dropped and the suspension period from 25.11.1986 to 31.03.1989 was regularized vide order dated 28.06.1996.
4. Thereafter, provisional pension of the petitioner was fixed at Rs.1,505/ per month and the same was paid w.e.f. 01.04.1991. The petitioner was also paid gratuity of Rs.26,400/ on 18.11.1991 on the basis of the original pay scale. However, in view of the order dated 28.06.1996, the pension papers of the petitioner were cleared and he was immediately granted the benefit of commutation of pension on 09.09.1997. Therefore, he is not entitled to any interest on the ground that he was entitled to such benefit from 01.04.1989. So far as difference on the pension is concerned, the same was released by the pension office along with other benefits like gratuity as well as commutation of pension. However, it is required to be noted that the same was considered only after the petitioner was acquitted from the criminal court and therefore, he is not entitled to interest from 01.04.1989 to 31.03.1997 on the difference of pension.
5. So far as benefit under Leave Travel Concession is concerned, the State Government has issued a Resolution to the effect that suspended employees are not entitled to the said benefit and therefore, since the petitioner was under suspension, he is not entitled for the said benefit. So far as benefit under Compensatory Local Allowance is concerned, the petitioner is not entitled for the same in view of the fact that pursuant to the suspension order dated 24.11.1986, the petitioner's head quarters was fixed at Lathi. However, at the request of the petitioner, his head quarter was fixed at Ahmedabad on the same conditions as mentioned in the suspension order. Thus, the petitioner is not entitled for the benefit of Compensatory Local Allowance.
6. Considering the facts of the case and in view of the fact that the petitioner has been paid all the retiral benefits at the time of retirement, I am of the opinion that the respondent authority was completely justified in rejecting the case of the petitioner and hence, I do not find any reasons to interfere with the same.
7. For the foregoing reasons, the petition is dismissed. Rule is discharged. Interim relief if any, stands vacated.
[K.S. JHAVERI, J.] /phalguni/