JUDGMENT

1. Vide this order, abovementioned two writ petitions would be disposed of.

2. Petitioner joined Rajasthan Judicial Service on 29.07.1980 in pursuance to the order dated 16.01.1980. Petitioner was promoted as Additional Chief Judicial Magistrate in the year 1993 and was further promoted to the Rajasthan Higher Judicial Service Cadre in the year 2000. On 23.04.2013, an F.I.R. was registered against two advocates, one court clerk and one clerk of an advocate. On 23.06.2013, charge sheet was filed against three persons in the trial court and investigation qua the petitioner was kept pending. Petitioner was arrested on 27.05.2014 and was granted bail by the Hon'ble Supreme Court and was released on bail on 16.05.2015. Petitioner was placed under suspension vide order dated 24.06.2013. Petitioner superannuated on 31.01.2015 after attaining the age of 60 years. On the said date, petitioner was in judicial custody. Petitioner was granted provisional pension. Petitioner by way of a representation claimed that he was also entitled for gratuity and benefit of leave encashment. However, his representation was rejected. Petitioner was served with charge sheet vide memorandum dated 06.0