Judgment :- Radhakrishnan, J. The question that has come up for consideration in this case is whether a person convicted of offence under Section 403 and 409 I.P.C. and who is still continuing in service is entitled to claim as of right increment, grade promotion, pay revision etc. Learned single rejected the claim. Aggrieved by the same this appeal has been preferred. 2. Writ petitioner while working as Headmaster of Korom Devisahayam A.U.P. School misappropriated money in 'Sanchaika' scheme. Consequently he was convicted and sentenced to undergo simple imprisonment for three years under section 403 and simple imprisonment for one year under section 409 I.P.C. by the Judicial First Class Magistrate, Payyannur. Matter was carried in appeal to the Additional Sessions Court, Thalassery in Crl. Appeal No. 70 of 1997. The Sessions Court suspended the sentence and not the conviction. Impact of the said proceeding on the claim for increment, grade promotion, pay revision etc. is the issue involved in the case. Though the appellant was convicted by the criminal court he was allowed to continue in the school as Assistant Teacher. He raised claim for annual increment, grade promotion etc. Same was rejected by the assistant Educational Officer as well as the Deputy Director of Education, Kannur. Further he was also informed that the service book is also with the criminal court. 3. We are of the view that a person who is in service cannot as a matter of right claim annual increment, grade promotion, pay revision etc. Since he was already found guilty by the criminal court. It is true he has filed an appeal but the appellate court stayed only the sentence and not the conviction. It is always open for the Department to take action against him under Rule 18 of the Kerala Civil Service (Classification, Control and Appeal ) Rules. Mere fact that he was allowed to continue in service does not mean that he is entitled as of right to increment, higher grade, pay revision etc. The charge levelled against the appellant is criminal breach of trust. Apex court in K.C. Sareen V. CBI, Chandigarh (2001 (6) SCC 584) cautioned criminal court that the order of conviction be suspended only in exceptional cases. The charge levelled against the appellant is criminal breach of trust. Apex court in K.C. Sareen V. CBI, Chandigarh (2001 (6) SCC 584) cautioned criminal court that the order of conviction be suspended only in exceptional cases. The court held as follows: "The legal Position, therefore, is this: though the power to suspend an order of conviction, apart from the order of sentence, is not alien to Section 389(1) of the Code, its exercise should be limited to very exceptional cases. Merely because the convicted person files an appeal in challenge of the conviction the court should not suspend the operation of the order of conviction. The court has a duty to look at all aspects including the ramifications of keeping such conviction in abeyance." The court also held: "When a public servant is found guilty of corruption after a judicial adjudicatory process conducted by a court of law, judiciousness demands that he should be treated as corrupt until he is exonerated by a superior court. The mere fact that an appellate or revisional forum has decided to entertain his challenge and to go into the issues and findings made against such public servants once again should not even temporarily absolve him from such findings. If such a public servant becomes entitled to hold public office and to continue to do official acts until he is judicially absolved from such findings by reason of suspension of the order of conviction, it is public interest which suffers and sometimes, even irreparably." In view of the above judicial pronouncement and in view of the fact that the appellate court has not yet stayed the order of conviction, we concur with the view of the learned judge and reject the claim of the appellant for increment, grade promotion and pay revision. We find no infirmity in the departmental authorities rejecting the claim. Appeal therefore lacks merits and it is accordingly dismissed.