The main legal point established is that an employee is entitled to receive 50% of gratuity even if a judicial proceeding is pending, as per the provisions of the Pension Rules.

ORDER :

1. The instant petition has been moved by the Petitioner being aggrieved by the orders dated 9.1.2019 (Annexure P1) and dated 7.5.2019 (Annexure P2), whereby the Respondents authorities have decided not to pay the amount of gratuity to the Petitioner for the reason that an appeal, being Criminal Appeal No.28 of 2018 of the Petitioner against the order of conviction by the Special Judge under the Prevention of Corruption Act, 1988 (henceforth ‘the PC Act’) is pending before this Court.

2. Facts of the case, in short, are that the Petitioner while working as a Senior Agriculture Development Officer retired on 31.8.2018. He has been implicated in a bribe case for which the Petitioner has been convicted by the Special Judge under the PC Act, Bilaspur on 27.12.2017. Against the said order of conviction, an appeal, being Criminal Appeal No.28 of 2018 has been moved by the Petitioner before this Court which is pending. After his retirement since the Petitioner did not receive any amount of gratuity, he made an application for payment of gratuity as well as for full pensionary benefits. Till date, the Petitioner has not received any gratuity amount. Respondents No.2 and 3 rejected the claim of the Petitioner on account of pendency of the criminal case before this Court. Hence, the instant petition.

3. It is submitted by Learned Counsel appearing for the Petitioner that vide order dated 7.5.2019 (Annexure P2) claim of the Petitioner has been rejected invoking the provisions of Rule 64(1)(c) of the Chhattisgarh Civil Services (Pension) Rules, 1976 (henceforth ‘the Pension Rules’), which is not applicable in the case of the Petitioner. According to Learned Counsel, in the light of sub-rule (4) of Rule 9 read with sub-rule (1)(a) of Rule 64 of the Pension Rules, the Petitioner is entitled to get 50% of his gratuity which will be adjusted against final retirement benefit sanctioned to him later on. Therefore, it is prayed by the Learned Counsel that the Respondents may be directed accordingly.

4. Learned Counsel appearing for the Respondents/State opposes the arguments advanced by Learned Counsel for the Petitioner and submits that since a criminal proceeding is already pending against the Petitioner, the impugned order has rightly been passed.

5. I have heard the rival contentions put-forth on behalf of the parties and perused the entire material available including the documents filed with due care.

6. Undisputedly, the Petitioner has retired from service on 31.8.2018. Before that, on 27.12.2017, he has been convicted by the Special Judge under the PC Act, Bilaspur against which a criminal appeal, being Criminal Appeal No.28 of 2018 has been preferred by the Petitioner which is pending before this Court. Meaning thereby, the judicial proceeding against the Petitioner is still going on.

7. It would be appropriate to reproduce some of the relevant provisions of the Pension Rules, which read as under:

“9. Right of Governor to withhold or withdraw pension.—

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(4) In the case of a Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension and death-cum-retirement gratuity as provided in Rule 64, as the case may be, shall be sanctioned;

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64. Provisional pension where departmental or judicial proceeding may be pending.—(1) (a) In respect of Government servants refer to in sub-rule (4) of Rule 9 the Head of Office shall authorise the payment of provisional pension not exceeding the maximum pension and 50% of gratuity taking into consideration the gravity of charges levelled against such Government servant, 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