A show cause notice is required to be given to a retired Government Servant convicted by a criminal court prior to taking a decision regarding his entitlement to pension.

JUDGMENT :

Vishal Mishra, J.

1. With consent, heard finally.

The present petition has been filed being aggrieved by the illegal and arbitrary action or inaction on the part of the respondents, whereby, the respondents have withholding 90% pension of the petitioner and subsequently have stopped the pension of the petitioner completely, after his conviction in a criminal case. It is submitted that the power to withdrawal or withheld the pension is confessed with the Governor of the State and no order could have been passed without the permission of the Governor. The order is wholly without jurisdiction.

2. The petitioner was holding the post of Rural Agricultural Extension Officer (RAEO) and he attained the age of superannuation i.e. 58 years on 30.11.1995. On 28.10.1958, the petitioner was inducted his service as Gram Sevak in the erstwhile Planning Development Department and after bifurcation of the Department the service of the petitioner was merged in the Agriculture Department and later on his designation was known as RAEO. It is submitted that when the petitioner was at the verge of retirement and was posted at Block Aron, District Guna, a false criminal case was registered against the petitioner for the offences under Sections 146, 302, 307 read with Sections 302/149, 307/149 and 323/149 and he was placed under suspension as he has remained under custody more than 48 hrs. During his suspension period the petitioner stood retired on attaining the age of superannuation on 30.11.1995. The respondents started the payment of 90% of pension to the petitioner and paid the same upto January, 2011 and finalization of the pension of the petitioner was kept pending owing to pendency of the criminal case against the petitioner. The criminal case was decided by the First Additional Sessions Judge, Sheopur and the petitioner was convicted under Section 302 read with Sec. 149 of IPC vide judgment dated 20.09.1999 for life imprisonment. An appeal was preferred against the judgment of conviction being Criminal Appeal No. 504/1999 and the appeal was finally heard and decided by the Court vide judgment dated 22.04.2009 with analogous hearing with other appeals and this Court has arrived at conclusion that against one of the accused-Manoj the case falls under Section 304(1) of IPC and as far as remaining appellants are concerned, there was no sufficient evidence against them were having common object, therefore, the sentence under Section 302 read with Section 149 of IPC was set aside. As far as the present petitioner is concerned, he has been convicted under Section 323 of IPC. It is argued that after passing of the judgment by this Court on 22.04.2009, the respondents-Authorities have stopped the pension of the petitioner owing to the fact that he has been convicted.

3. It is argued that the law with respect to conviction under minor offences and grant of pension to the Government employee are settled by the Hon'ble Supreme Court in large number of cases.

4. In the case of Ram Sewak Mishra Vs. State of M.P. And anr. reported in 2017 (4) M.P.L.J 428 by the Full Bench of this Court, wherein question with respect to entitlement of pension to a convict Government employee for minor offences was referred to Full Bench and Full Bench considering the Rule 8(2) of M.P. Civil Services (Pension) Rules (in short as "Pension Rules") and the majority opinion was given in favour of the judgment in the case of Dau Ram Maheshwar Vs. State of M.P. and another reported in 2017(1) MPLJ 640 and it was held that the same has been correctly decided and held that a show cause notice is required to be given to the Retired Government Servant convicted by the criminal Court while finalizing his entitlement with respect to pension. It was observed that after retirement, the petitioner is entitled to pension in view of past services under the State. The employee earns his pension, pension is not a bounty, but the benefits earned by him by serving State for many years. The