JUDGMENT : Sanjeev Prakash Sharma, J. Both petitioners are children of one Mr. Suresh Chandra Shekhawat, who was Sanitary Inspector Grade-2 Nagar Prarishad, Bharapur, and expired on 22nd September, 2009. 2. Brief facts deserve to be noted are that the petitioners' father, while in service, was convicted for offence under Section 306 of the Indian Penal Code and allegation against him was that he abated his wife to commit suicide. The conviction order was passed on 24.06.95 by learned Additional Sessions Judge, Sambhar Lake in Sessions Case No. 48/1992. The deceased employee, who had been earlier reinstated during the pendency of the criminal case, was again suspended by the Municipal Corporation upon his conviction. The deceased employee moved an application for suspension of sentence, which was allowed by Appellate Court and thereupon, he was again reinstated in service by the respondents. 3. While in services, he expired and the appeal, which was pending against his conviction and sentence, was thereafter abated. In the aforesaid circumstances and in view of the fact that the deceased employee was in service on the day when he expired, his children approached the respondents claiming death gratuity in terms of Rule 55 as well as other terminal benefits, which a deceased Government Servant is entitled to including leave encashment, which was in his credit on the day when he expired, as also the intervening salary of the suspension period as the suspension period had not been regularized during his life time. Having been denied the same by the respondents, the present writ petition has been preferred by the petitioners praying for the same relief. 4. Learned counsel for the petitioners submits that there is no embargo under Rule 55 of the Pension Rules for denying death gratuity to the family members of deceased employee only on the ground that appeal is pending against the conviction, more so when the concerned deceased government employee was in service and was performing his duty on the day when he expired. 5. It is further submitted that the respondents have not taken any steps in regard to the relief prayed for on the ground of conviction of the deceased employee. There was a charge sheet pending against the deceased government employee and that remained pending up to his death and no decision was taken on the said departmental enquiry. 5. It is further submitted that the respondents have not taken any steps in regard to the relief prayed for on the ground of conviction of the deceased employee. There was a charge sheet pending against the deceased government employee and that remained pending up to his death and no decision was taken on the said departmental enquiry. Thus, it is pointed out that on the day when father of the petitioners expired, there was no embargo for releasing his gratuity or other terminal benefits. 6. Per contra, learned counsel for the respondent submits that since there was already conviction recorded by the court of competent jurisdiction against the father of the petitioners, the petitioner could not have been given any terminal benefits due to him, however upon specific query by this Court it is admitted that on the day when he expired, the deceased was in service after having been reinstated upon the sentence having been suspended by the Appellate Court. 7. Counsel also states that the departmental enquiry was pending against the father of the petitioners on the day he expired. However, it is admitted at bar that after he expired, the departmental enquiry was dropped in the normal course. 8. Considering the submissions of both the counsel and perused the material on record. 9. The relevant provision of Rule 55, 90(1)(C) of the Pension Rule of 1996 deserves to be quoted below, which reads thus: Rule 55:- Retirement/Death Gratuity :- (1) (a) A Government servant, who has completed five years qualifying service and has become eligible for service gratuity or pension under Rule 54 shall, on his retirement, be granted retirement gratuity equal to one-fourth of his emoluments for each completed six monthly period of qualifying service, subject to a maximum of 16 times the emoluments. (b) If a Government servant dies while in service, the death gratuity shall be paid to his family in the manner indicated in sub rule (1) of rule 56 at the rates given in the Table below, namely :- Length of qualifying Service Rate of death gratuity (i) Less than 1 year 2 times of emoluments (ii) One year or more but less than 5 years 6 times of emoluments (iii) 5 years or more but less than 20 years 12 times of emoluments (iv) 20 years or more Half emoluments for every completed six monthly period of qualifying service subject to a maximum of 33 times of emoluments Provided that the amount of retirement gratuity or death gratuity payable under this rule shall in no case exceed [10 Lacs Rupees]: Provided further that where the amount of retirement or death gratuity as finally calculated contains a fraction of a rupee, it shall be rounded off to the next higher rupee. (2) If a Government servant, who has become eligible for a service gratuity or pension, dies within five years from the date of his retirement from service including compulsory retirement as a penalty and the sums actually received by him at the time of his death on account of such gratuity or pension, together with the retirement gratuity admissible under sub rule (1) and the commuted value of any portion of pension commuted by him are less than the amount equal to 12 times of his emoluments, a residuary gratuity equal to the deficiency may be granted to his family in the manner indicated in sub rule (1) Rule 56. (3) The emoluments for the purpose of gratuity admissible under this rule shall be reckoned in accordance with rule 45. (3) The emoluments for the purpose of gratuity admissible under this rule shall be reckoned in accordance with rule 45. (4) For the purpose of this rule and rules 56, 58 and 59 family' in relation to a Government servant, means- (i) wife or wives including judicially separated wife or wives in the case of a male Government servant, (ii) husband, including judicially separated husband in the case of a female Government servant, (iii) sons including stepsons and adopted sons, (iv) unmarried daughters including step daughters and adopted daughters, (v) widowed daughters including step daughters and adopted daughters, (vi) father, including adoptive parents in the case of (vii) mother, individuals whose personal law permits adoption, (viii) brothers below the age of eighteen years including step brothers, (ix) unmarried sisters & widowed sisters including step sisters, (x) married daughters, and (xi) children of a predeceased son. " Rule 90(1)(c):- (c) No gratuity shall be paid to the Government servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon: Provided that where departmental proceedings have been instituted under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, for imposing any of the penalties specified in clauses (i) and (ii) of Rule 14 of the said Rules, the payment of gratuity shall be authorised to be paid to the Government servant." 10. A look at the aforesaid provisions depicts that if a Government servant was in service and performing his duties and he was not under suspension, there is no embargo so far as the release of death gratuity is concerned. Similarly for earned leave encashment also their can be no denial. 11. However, with regard to the intervening salary for the suspension period, an order is required to be passed. Rule 54 of the Rajasthan Services Rules which applies mutatis mutandis upon the Rajasthan Municipal Rules 1989, provides that an order is required to be passed to specify whether the salary is required to be paid for the suspension period. 12. Thus, so far as the release of payment for the suspension period is concerned, since there was a conviction and departmental enquiry pending, this Court would be unable to pass any order directing for release of the salary for the period during which he was under suspension. 13. Accordingly, the writ petition is partly allowed. 12. Thus, so far as the release of payment for the suspension period is concerned, since there was a conviction and departmental enquiry pending, this Court would be unable to pass any order directing for release of the salary for the period during which he was under suspension. 13. Accordingly, the writ petition is partly allowed. The petitioners' father (deceased Government servant) namely Shri Suresh Chandra Shekhawat's, Sanitary Inspector Grade-2, pay fixation shall be made counting the entire period. The service under gratuity upon death will accordingly be calculated and be released under Rule 55 of the Pension Rules of 1996 and the leave encashment benefit to which he is entitled on the basis of acclimated leave available in his account shall be released. The exercise shall be completed within a period of three months from the date of submissions of certified copy of this order. Interest @ 9% on the terminal benefits shall also be released.