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Showing contexts for: regularize leave in Ramesh Chandra Joshi vs State Of Uttarakhand And Others on 17 November, 2021Matching Fragments
4. It is that during the intervening period of these pending criminal and other proceedings, the petitioner attained the age of superannuation on 28th February 2021. The petitioner has preferred this writ petition, contending thereof, that after the attainment of the age of superannuation, he would be entitled for the payment of gratuity, commutation, leave encashment and regular pension with statutory interests which would be payable to him on the withhold retiral benefits.
5. When this writ petition was preferred, the petitioner in para 19 of the writ petition, had specifically pleaded that so far as the initiation of the proceedings which was emanating from the FIR, as referred to above, which on the submission of the charge sheet was instituted after taking cognizance by way of Criminal Case No. 1443 of 2017, in which, the summoning order had been issued to the petitioner, it is pleaded by the petitioner that in fact, it had been a proceedings in derogation to the provisions contained under Section 197 of the Code of Criminal Procedure, and the cognizance thus taken to the criminal proceedings, could not have been taken against the petitioner.
6. Learned counsel for the petitioner submits in his arguments that merely because of the fact, that a criminal trial is pending consideration against the petitioner, though proceedings of which had been stayed in C482 Application, the same itself would not, in any manner, create any impediment in payment of the retiral benefits which the petitioner would be entitled to, as prayed for by the petitioner in the present writ petition, which are payable towards the various heads viz gratuity, commutation, leave encashment and regular pension along with the statutory interests, payable on it.
11. The learned counsel for the petitioner submits, that so far as the curtailment of the retiral benefits i.e. gratuity, commutation, leave encashment and regular pension, along with interest payable on it are concerned, that could not have been curtailed by the respondents merely on the pretext that there are criminal proceedings pending consideration against the petitioner to which the cognizance had already been taken by the competent trial Court; although the proceedings of the same has been stayed by this Court in C482 Application, already referred above.