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Judgment
Vishal Dhagat, J
Petitioner had filed this petition under Article 226 of Constitution of India making a prayer to issue direction to respondents authority to make payment of pension to petitioner.
Counsel appearing for petitioner submitted that an FIR has been registered at the instance of Daughter-in-law against petitioner. Due to pendency of said case, pension is not being paid to petitioner. It is submitted that respondents ought to have taken action in accordance with Section 64(1) (a) of M.P. Civil Services (Pension) Rules, 1976 and petitioner ought to have been paid provisional pension.
Government Advocate appearing for State is unable to counter aforesaid preposition of law.
Considering the same, Writ Petition is disposed off directing respondents authority to make payment of provisional pension to petitioner within a period of 45 days till pendency of case and if petitioner is finally acquitted in said case, then complete pension and other retiral benefits be restored to him.