JUDGMENT : Pramath Patnaik, J. 1. In the accompanied writ application, the petitioner has initially prayed for payment of retiral benefits like Provident Fund, Gratuity, Pension, Leave Encashment of the petitioner and for payment of salary with all benefits from 1973 till his date of superannuation. During pendency of the writ application, by virtue of amendment order dated 08.10.2014, the petitioner has prayed for quashing of the order dated 04.08.1999 by which the petitioner has been removed and dismissed from services. 2. Sans details, the facts as delineated in the writ application, is that the petitioner was appointed as E.D.D.A-cum EDMC in the Postal Department at Branch Post Office, Bhavnathpur in the year 1964. Since then till 1973 the petitioner continued to work on the post to the satisfaction of superior authority. Due to some irregularities and defalcation by the then Post Master, he was proceeded by the department and the petitioner was implicated in the aforesaid case. It has been submitted in the writ application that the petitioner has been exonerated by the Sessions Judge, Garhwa in Cr. Appeal No.56 of 1987 vide judgment dated 07.09.2002. 3. Per contra, counter affidavit has been filed on behalf of the respondents controverting the averments made in the writ application. In the counter affidavit, it has been submitted that the petitioner was posted as Ex-EDDA/MC, Makri BO in account with Bhawanathpur SO placed under put off duty w.e.f. 13.06.1973 by IPOs, Garhwa and was proceeded under Rule 8 of ED (Conduct and Service) Rules. He has been awarded penalty of removal vide order dated 04.08.1999 due to conviction by the trial court at Garhwa, vide order dated 20.07.1997. As the petitioner was not reinstated, he is not entitled for any benefits claimed by him. Further, the petitioner is not entitled of salary from 1973 till date of his superannuation on the principle of ‘no work no pay’. It has further been submitted that the petitioner was a Extra Departmental Agent and not entitled for any pensionary benefit. The petitioner was proceeded under Rule 8 of the Conduct and Service Rules, 1964 and was removed from services vide memo dated 04.08.1999 due to conviction by the trial court. A supplementary counter affidavit has been filed on behalf of the respondents annexing the order of removal dated 04.08.1999, vide Annexure-A/1. The petitioner was proceeded under Rule 8 of the Conduct and Service Rules, 1964 and was removed from services vide memo dated 04.08.1999 due to conviction by the trial court. A supplementary counter affidavit has been filed on behalf of the respondents annexing the order of removal dated 04.08.1999, vide Annexure-A/1. Learned counsel for the respondents by referring to the supplementary counter affidavit dated 27.06.2009, submitted that as per the D.O.P letter no.40-29/87-PE.II dated 15.07.1987 the minimum service for payment of ex-gratia gratuity will be reduced to ten years from the existing limit of fifteen years. The petitioner official did not fulfill this condition. There is no provision of any pension as per Rule 6 of E.D. Agents (Conduct & Service) Rule 1964. The petitioner’s date of entry as on 26.02.1965 and put off duty on 21.05.1973, he has completed of service period only 08 years 02 months and 23 days as the service rendered by the Ex-EDDA was less than 10 years there was no provision of ex-gratia gratuity. Pension is not admissible to ED Agents. Learned counsel for the respondents further submits that the petitioner’s prayer may not be considered in view of the fact that he was a Extra Departmental Agent and not entitled for any pensioner benefit. The petitioner was proceeded under Rule -8 of the Conduct Rules, 1964 and was removed from service vide ASPOs, Garwha, vide memo dated 04.08.1999 due to conviction by the trial court. Further, the petitioner was not reinstated in his services therefore he is not entitled for any gratia gratuity and therefore, the petitioner has been dismissed from services in departmental proceeding. 4. Heard Mr. Dr. Shree Krishna, learned counsel appearing for the petitioner as well as Mr. Rajiv Sinha, ASGI, appearing for the respondents. 5. Learned counsel for the petitioner, has referred to the rejoinder of the supplementary counter affidavit dated 05.07.2014, wherein the petitioner has mentioned that on 26.02.1965 the petitioner joined as EDDA at Makri Garhwa. In the year 1973, the petitioner was made as co-accused in G.R. Case No.210 of 1973 and 253 of 1973 TR. On 21.05.1973 the petitioner was placed under put off duty and on 28.06.1973/02.07.1973, inspection report to S.O Bhawnathpur and F.I.R was filed by the respondent. In the year 1973, the petitioner was made as co-accused in G.R. Case No.210 of 1973 and 253 of 1973 TR. On 21.05.1973 the petitioner was placed under put off duty and on 28.06.1973/02.07.1973, inspection report to S.O Bhawnathpur and F.I.R was filed by the respondent. On 18.07.1987/20.07.1987 petitioner was convicted by the learned trial court, Garhwa under various sections of I.P.C. On 22.04.1996 departmental proceeding started against the petitioner without opportunity of hearing etc. to the petitioner. On 10.09.1998/ 14.09.1998 statements of witnesses recorded by I.O of the respondents. On 23.10.1998 I.O submitted his report exonerating the petitioner from all charges found him not guilty of violation of any of the rules or law. On 04.08.1999 the A.S.P.O, Garhwa relying on the order of conviction by the learned J.M., 1st Class, Garhwa, awarded the punishment of removal of the petitioner from services. Cr. Appeal no.56 of 1987 and 57 of 1987 was filed. On 07.09.2002 and 06.09.2002, learned 1st Class Additional and District Judge, Garhwa acquitted the petitioner of all the charges. 6. Learned counsel for the respondents by referring to the counter affidavit to the amended writ application, wherein it has been submitted that the petitioner was proceeded under Rule 8 of the E.D.A. Conduct Rules, 1964 by the appointing authority, after the disciplinary authority took action against the charged official on the basis of enquiry report submitted by the enquiry officer whereas the memo of charge was issued to the petitioner vide office memo dated 22.04.1996. Learned Judicial Magistrate, Class, Garhwa in G.R. Case No.253 of 1973 and Trial No.254 of 1987 passed judgment on 18.07.1987 against the petitioner in which he was found guilty under Sections 109, 409 and 467 of I.P.C and therefore convicted him to undergo R.I for one year. The petitioner was proceeded under Rule 8 of the EDA Conduct Rules, 1964 by ASPO’s Garhwa and was awarded penalty of removal on the basis of the aforesaid conviction vide order dated 04.08.1999. Therefore, there is no illegality in the order of removal from service and the petitioner is not entitled to any pay on the principles of ‘no work no pay’. 7. Therefore, there is no illegality in the order of removal from service and the petitioner is not entitled to any pay on the principles of ‘no work no pay’. 7. After hearing the counsel for the respective parties at length and on perusal of the records, I am of the considered view that in view of the categorical statements made by the respondents that in view of his conviction in a criminal case, the petitioner was dismissed from services way back in the year 1999 and prior to dismissal, the petitioner was under put off duty in the year 1973. Taking in to account, his date of entry as extra departmental agent in the year 1965 and put off duty in the year 1973 since, the petitioner has not rendered minimum 10 years of service, he was not entitled to any ex-gratia payment as per P & T ED Agents (Conduct and Service) Rules, 1964. 8. On cumulative effect of the facts and reasons stated in the foregoing paragraphs, the petitioner has not been able to make out a case for interference by this Court in the impugned order of dismissal dated 04.08.1999. 9. Accordingly, the writ petition is dismissed being devoid of merit.