JUDGMENT : ANOOP V. MORTA, J. : Rule, returnable forthwith. Heard finally by consent of parties. 2. We are inclined to dispose of the present Petition as no case is made out by the Respondents by referring to any provision of law and/or regulation whereby the service retirement benefits of an employee of Respondents, can be withheld and/or stopped merely because some Criminal Appeal against acquittalis initiated and/or pending against such retired employee. 3. All the counsel appearing for the parties unable to read and/or refer any provision whereby such restriction is provided and/or contemplated. We also see no reason to stop the pensionary benefits merely because the concerned Respondents have some doubt and, therefore, sought clarification from the State of Maharashtra. 4. The learned AGP appearing for the State has also pointed out that there is no such provision and/or power to withhold such pensionary benefits. 5. The Supreme Court has in Civil Appeal No.6770 of2013 (Arising out of Special Leave Petition (Civil) No.1427 of 2009) - State of Jharkhand & ors v. Jitendra Kumar Srivasstava & anr decided on 14.08.2013 : [2013 ALL SCR 3204], and observed as under: " Fact remains that there is an imprimatur to the legal principle that the right to receive pension is recognized as a right in "property". 14 Article 300 A of the Constitution of India reads as under: "300 A Persons not to be deprived of property save by authority of law. - No person shall be deprived of his property save by authority of law." Once we proceed on that premise, the answer to the question posed by us in the beginning of this judgment becomes too obvious. A person cannot be deprived of this pension without the authority of law, which is the constitutional mandate enshrined in Article 300A of the Constitution. It follows that attempt of the appellant to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instructions cannot be countenanced." 6. Therefore, taking overall view of the matter and in the interest of justice and as the pensionary benefits of the Petitioner cannot be withheld and/or stopped for the reason so recorded above, a case is made out to grant relief in terms of prayer (a), with liberty. Therefore, taking overall view of the matter and in the interest of justice and as the pensionary benefits of the Petitioner cannot be withheld and/or stopped for the reason so recorded above, a case is made out to grant relief in terms of prayer (a), with liberty. It is made clear that the File be processed as early as possible and preferably within eight weeks from the receipt of copy of this order. 7. The Writ Petition is accordingly allowed in terms of prayer (a) with liberty. Rule is also made absolute. There shall be no order as to costs. Petition allowed.