JUDGMENT 1. - By filing this petition the petitioner has prayed that respondents be directed to allow payment of pension to him of the period when he was in jail (3.6.1995 to 30.9.2002), to restore of commuted portion of full pension and paid to the petitioner from 1.10.2002, declare Regulation 82(b) of the Pension, Regulations (Army) Part-11, ultra-vires to the provisions of the Pension Act, 1871 as also to award interest @ 12% p.a. on the due amount of pension, to him. 2. Brief facts of the case according to the petitioner are that he was enrolled. as a Constable in Indian Army in artillery wing 5.9.69 and retired from the post of Nayak on 30.9.87. After retirement, the petitioner as given all the retiral benefits along-with regular pension. In the meanwhile, the petitioner was convicted on 3.6.95 for the offence under section 302 Indian Penal Code in Sessions Case No. 11/90. Against the judgment of conviction, the petitioner preferred an appeal before the Division Bench of this Court. The Division Bench partly allowed the appeal of the petitioner but convicted the petitioner for the offence under section 304 IPC. During custody, the petitioner sent a letter through Superintendent of Jail, requesting therein to allow pension to his family. This letter was treated as letter petition bearing SBCWP No. 2050/96. The Division Bench of this Court disposed of the same on 28.1.2003. 3. The respondents filed a detailed reply and emphasised on the fact that during period of custody the petitioner cannot be given the family pension. Respondents in reply have referred the letter/circular bearing PCDA (P) Allahabad letter No. AT/DPDO/l/JPR/03 dated 7th December 2003, in which it is mentioned that a pensioner is not entitled for payment of pension during the period, he remained in jail. 4. After hearing the learned counsel for the parties and considering the reply filed by the respondents as well as the relevant documents on the record, I am of the considered opinion that it is not a fit case where petitioner can be granted the family pension of the period which he remained in jail. 5. The writ petition is dismissed accordingly. There will be no order as to costs.Writ Petition Dismissed. *******