1. Heard.

The petitioner who is the mother of deceased-employee, Dr. Kalpana Tondey has filed this petition assailing the correctness and validity of direction dated 7-6-2006 (Annexure P-10) issued by respondent No.2, whereby payment of GPF has been withheld on the ground of pendency of criminal appeal.

2. Quintessential facts necessary for decision of the petition are that Late Dr. Kalpana Tondey was appointed as Assistant Surgeon in the service of the State Govt. in the Department of Health. It was alleged that she was murdered by her husband-Dr. Anil Kumar Singh/respondent No.6. Dr. Anil Kumar Singh faced trial for alleged murder of his wife-Late Dr. Kalpana Tondey. Vide judgment of conviction and order of sentence dated 31-7-2000 passed by 1st Additional Sessions Judge, Raigarh, in S.T. No. 81/99, Dr. Anil Kumar Singh was held guilty for commission of offence under Sections 302 and 498 of the IPC and sentenced to life imprisonment. Aggrieved by the said judgment, Dr. Anil Kumar Singh preferred criminal appeal before this Court, registered as Cr. A. No. 2007/2009. The said appeal is still pending. At the time of entry into service, Late Dr. Kalpana Tondey filled-up nomination