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Judgment
11 paragraphs · 334 wordsS.K. Mishra, J
Heard Mr. Alok Mahra, the learned counsel for the petitioner, and Mr. Pradeep Joshi, the learned Additional Chief Standing Counsel for the State.
The petitioner has prayed for the following reliefs:-
“i.) Issue a writ, order or direction in the nature of mandamus directing the respondents to forthwith release the annual increments which were due to the petitioner on 01.07.2013 and 01.07.2014.
ii.) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 to forthwith release the balance salary for the suspension period to the petitioner in the light of the order passed by the Competent Authority n 04.06.2013 in respect of a similarly situated person namely Smt. Meena Sah.
iii.) Issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case”.
Mr. Pradeep Joshi, the learned Additional Chief Standing Counsel appearing for the State, submits that the petitioner was on suspension from 23.01.2013 to 23.01.2014. But, on he is getting bail in a criminal case, which is still pending, the order of suspension was revoked.
However, the Departmental Authority has not observed or passed any order as to the treatment of the suspension period, whether it will be treated as such, or; whether it will be treated as in service/continue in service?
In that view of the matter, as the Department has not initiated any departmental proceeding, a the criminal case is still pending, and the petitioner did not have qualifying service for 23.01.2013 to 23.01.2014, before completion of the criminal trial, no order can be passed regarding grant of increment to the petitioner.
Accordingly, the writ petition is, hereby, dismissed. However, we further observe that the Authority shall take a decision regarding grant of pension for the relevant period to the petitioner on completion of criminal proceedings, depending on the final result.
Urgent certified copy of this order be issued to the parties on proper application.