Important Point—Pension, gratuity, provident fund and such other retiral benefits are not any bounty distributed by Government to its employees and they are not any ex gratia payment made to employees.

K.M. Thaker, J.

1. Heard Mr. Saiyed, learned advocate for the petitioner and Mr. Goutam, learned AGP. RULE.

2. In view of the facts and circumstances of the case, more particularly having regard to the fact that the petition involves issue related to delay in payment of retiral dues to the petitioner, process of Rule is made returnable forthwith. Mr. Goutam, learned AGP has waived service of Rule.

3. At the request of learned advocate for the petitioner and with consent of learned AGP, the petition is taken up for final hearing and final order today.

4. In present petition, the petitioner has prayed, inter alia, that:

"17(b) Your Lordship may be further pleased to issue a writ of mandamus or any other appropriate writ and/or order/direction(s) upon the respondent authorities and/or their servants/subordinates directing them to grant/release pension and all such benefits to the petitioner to which she is entitled from the date of such entitlement, along with interest, at such rate that may be deemed just and proper in the matter."

5. So as to justify the relief prayed for in the petition, the petitioner has averred and stated that:

"3. The facts of the case in a nut shall, leading to filing of the present petition, are to the effect that the present petitioner was appointed as a Woman Police Constable on 02.12.1980 and since her appointment, the petitioner served the department with utmost hard work, loyalty, honesty and sincerity.

In the said regard, it is further respectfully submitted that during the entire tenure of her service, there was no complaint whatsoever against the present petitioner.

4. The petitioner further respectfully submits that in the year 2006 i.e. on 15.04.2006, a F.I.R. came to be lodged before Render Police Station being C.R. No. I-132/2006 against the son of the present petitioner as well as the present petitioner for the offences punishable under Sections 498A, 306 and114 of Indian Penal Code.

In the said context, it is further submitted that as such the afore mentioned complaint came to be registered against the present petitioner and another, the petitioner was suspended from the service.

Thereafter, vide order dated 02.09.2006, the In-charge Additional Police Commissioner (Administration), Surat city was pleased to reinstate the present petitioner on service, subject to final outcome of the judgment by the Court of Law and/or completion of departmental proceedings.

5. It is further respectfully submitted that thereafter a show-cause notice was served upon the present petitioner, followed by the statement of charge and departmental inquiry/proceedings came to be initiated against the present petitioner.

In the said regard, upon thorough investigation/scrutiny and after perusing the report of the Presiding Officer who carried out the departmental inquiry/proceedings against the present petitioner and as such the charges levelled against the present petitioner could not be proved in the said departmental inquiry/proceedings, by way of an order dated 16.04.2008, the Additional Police Commissioner, Range 2, Surat was pleased to acquit/exonerate the present petitioner from the charges levelled against her and further held that the decision in respect of calculation of the time period of suspension of the petitioner would be taken only after the judgment from the Court of Law.

6. The petitioner further submits before this Hon'ble Court that thereafter the present petitioner and another came to be tried before the Learned Sessions Judge, Surat pursuant to the aforementioned F.I.R. lodged against them.

In the said regard, after full-fledged trial, by way of judgment dated 13.03.2012 rendered in Sessions Case No. 77/2007, the Learned Sessions Judge - Surat was pleased to acquit the present petitioner and another accused by way of giving benefit of doubt.

7. It is further respectfully submitted that as such the present petitioner came to be acquitted by the Learned Sessions Judge - Surat, both the State Government (Thr