(1) LEAVE granted.

(2) THE appellant, at the material time was holding the post of Deputy Secretary to the Government of Andhra Pradesh. On 20-3- 1986, the Anti-Corruption Bureau of the State of Andhra Pradesh registered a case against the appellant under the Prevention of Corruption Act, 1947. On 12-5-1986, the appellant was suspended from service. During the pendency of his suspension on 30-6- 1988, the appellant was allowed to retire on attaining the age of superannuation while still under suspension without prejudice to the pending proceedings against the appellant.

(3) THE appellant filed a Petition in the Andhra Pradesh Administrative Tribunal challenging his retirement during suspension. The Tribunal, by its order dated 2-12- 1988, held inter alia, that in accordance with Rule 52 of the Andhra Pradesh Revised Pension Rules, 1980, the appellant shall be paid provisional pension but no death-cum- retirement gratuity shall be paid to him till the judicial proceedings are concluded and the final order is passed thereon. This order has become final and binding. Accordingly, on 30-9-89, the Government of Andhra Pradesh issued an order for payment of provisional superannuation pension. The order further stated that orders regarding payment of gratuity would be issued separately.

(4) ACCORDING to the respondents, under Rule 52(c) of the A.P. Revised Pension Rules, 1980, it is provided that no gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon. The relevant portion of Rule 52 which deals with payment of provisional pension and withholding of gratuity is as follows :

52. Provisional Pension where departmental or judicial proceeding maybe pending :- (1) (a) In respect of a Government servant referred to in sub-rule (9), the Audit Officer/Head of Office shall pay the provisional pension not exceeding the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant, or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension. (c) No gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon." .

(5) THE appellant, however, in July 1992, again requested the State Government to sanction full pension, gratuity and other benefits as also contended that he should be granted benefits on the basis of his being promoted to the post of Joint Secretary to the Government of Andhra Pradesh. He, thereafter, filed an application in the A. P. Administrative Tribunal praying for an order directing the respondent to grant all arrears of pension, death-cum-retirement gratuity, computation of pension from 1-7-1988 till date as also consequential benefits on promotion to the post of Joint Secretary to the Government from 13-7-1987 to 30-6-1988. The Tribunal dismissed this application. The appellant filed a review petition before the Tribunal which was also dismissed by the Tribunal in view of the pendency of the criminal case against him.

(6) THE orders of the Tribunal in the main matter and the review petition are challenged in these appeals. Long after these Special Leave Petitions were filed in this Court, the appellant was acquitted in the criminal proceedings by an order dated 20-3-1998. Thereafter, the appellant has been paid the full pension as well as gratuity and other consequential benefits. In the present case, the appellant now claims, for the first time, that he should be granted interest on the gratuity which was withheld during the pendency of the criminal proceedings. He claims interest for the period from 30-6-1988, that is to say, the date of his retirement till 27-10-1998 when gratuity was paid. The only other contention raised before us is tha